Bill Text: IA SF44 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of violations of local ordinances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-11 - Subcommittee: Dawson, Garrett, and Taylor. S.J. 76. [SF44 Detail]
Download: Iowa-2017-SF44-Introduced.html
Senate File 44 - Introduced SENATE FILE BY BOLKCOM A BILL FOR 1 An Act relating to the expungement of violations of local 2 ordinances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1005XS (5) 87 jm/rj PAG LIN 1 1 Section 1. NEW SECTION. 901C.3 Local ordinance == 1 2 expungement. 1 3 Upon the expiration of two years following conviction for 1 4 a violation of any local ordinance, a person may petition the 1 5 court to expunge the conviction, and if the person has had no 1 6 other criminal convictions, other than local traffic violations 1 7 or simple misdemeanor violations of chapter 321 during the 1 8 two=year period, the conviction shall be expunged as a matter 1 9 of law. The court shall enter an order that the record of the 1 10 conviction be expunged by the clerk of the district court. 1 11 Notwithstanding section 692.2, the clerk of the district court 1 12 shall send a receipt of notice that a record of conviction has 1 13 been expunged for a violation of a local ordinance if a record 1 14 of conviction is maintained by the department of public safety, 1 15 and the record of conviction shall be removed from the criminal 1 16 history data files maintained by the department of public 1 17 safety. An expunged conviction shall not be considered a prior 1 18 offense for purposes of enhancement unless the new violation 1 19 occurred prior to entry of the order of expungement. 1 20 EXPLANATION 1 21 The inclusion of this explanation does not constitute agreement with 1 22 the explanation's substance by the members of the general assembly. 1 23 This bill relates to the expungement of violations of a local 1 24 ordinance. 1 25 The expungement process under the bill provides that 1 26 upon the expiration of two years following conviction for a 1 27 violation of a local ordinance, a person may petition the 1 28 court to expunge the conviction if the person has no other 1 29 criminal convictions, other than local traffic violations or 1 30 simple misdemeanor violations of Code chapter 321 during the 1 31 two=year period, and the conviction shall be expunged as a 1 32 matter of law. The bill also provides that the clerk of the 1 33 district court shall send a receipt of notice that a record 1 34 of conviction has been expunged for a violation of a local 1 35 ordinance if a record of conviction is maintained by the 2 1 department of public safety, and the record of conviction shall 2 2 be removed from the criminal history data files maintained by 2 3 the department of public safety. 2 4 The bill also provides that an expunged conviction shall 2 5 not be considered a prior offense for purposes of enhancement 2 6 unless the new violation occurred prior to entry of the order 2 7 of expungement. LSB 1005XS (5) 87 jm/rj
