Amendment H-1258 to HF 831

Filed March 23, 2021 in the House by

What it changes

1. Page 1, by striking lines 11 through 17 and inserting: “
2. As used in section 724.26, “conviction” does not include a deferred judgment that has been expunged pursuant to section 907.3, subsection 1, paragraph “c” , or any conviction that has been expunged or for which a person has been pardoned or has had the person’s rights restored in accordance with section 724.27 unless such expungement, pardon, or restoration expressly provides that the person shall not ship, transport, possess, or receive firearms, offensive weapons, or ammunition.”
3. Page 1, line 28, by striking “Nonviolent class” and inserting “Class”
4. Page 1, by striking lines 30 through 34 and inserting: “
5. Upon application of a defendant convicted of a class “D” felony offense listed in subsection 2, or convicted under prior law of an offense comparable to a class “D” felony listed in subsection 2, the court shall enter an order expunging the conviction if the defendant has proven all of the following:”
6. By striking page 2, line 21, through page 3, line 32, and inserting: “
7. A conviction for the following class “D” felonies shall be expunged if all of the conditions specified in subsection 1 are satisfied: a. A conviction for violations involving excursion gambling boats and gambling structures under section 99F.15, subsection
8. b. A conviction for unlawful betting where the potential winnings from the bet exceed one thousand dollars in value under section 99F.15, subsection 6, paragraph “b” . c. A conviction for forgery or fraud related to lottery tickets, lottery equipment or materials, or lottery activities under section 99G.36. d. A conviction for the manufacture, delivery, or possession with the intent to manufacture or deliver fifty kilograms or less of marijuana or involving flunitrazepam under section 124.401, subsection 1, paragraph “d” . e. A conviction for possession with the intent to manufacture a controlled substance under section 124.401, subsection
9. f. A conviction for knowingly or intentionally possessing a controlled substance under section 124.401, subsection 5, unnumbered paragraph 1, when the person has previously been convicted two or more times of violating chapter 124, 124B, or 453B, or chapter 124A as it existed prior to July 1,
10. g. A conviction for gatherings where controlled substances are unlawfully used under section 124.407, subsection
11. h. A conviction for a third or subsequent offense of operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more under section 321J.2, subsection 2, paragraph “c” . i. A conviction for a violation involving a taxable substances tax stamp, label, or official insignia under section 453B.12, subsection 2, 3, or
12. j. A conviction for a conspiracy to commit a felony other than a forcible felony under section 706.3, subsection
13. k. A conviction for violating a custodial order under section 710.6, subsection
14. l. A conviction for burglary in the third degree under section 713.6A, subsection
15. m. A conviction for theft in the second degree under section 714.2, subsection
16. n. A conviction for fraudulent practices in the second degree under section 714.10. o. A conviction for intellectual property counterfeiting in the second degree under section 714.26, subsection 2, paragraph “b” . p. A conviction for a computer and spyware offense causing pecuniary losses exceeding one thousand dollars under section 715.7, subsection
17. q. A conviction for forgery under section 715A.2, subsection 2, paragraph “a” . r. A conviction for criminal mischief in the second degree under section 716.4. s. A conviction for trespass under section 716.7, subsection 2, paragraph “a” , subparagraph (6). t. A conviction for a second or subsequent violation of food operation trespass under section 716.8, subsection 8, paragraph “b” . u. A conviction for railroad vandalism in the fourth degree under section 716.10, subsection 2, paragraph “d” . v. A conviction for a third offense of illegal gaming in the fourth degree under section 725.7, subsection 2, paragraph “a” , subparagraph (3). w. A conviction for a second offense of illegal gaming in the third degree under section 725.7, subsection 2, paragraph “b” , subparagraph (2). x. A conviction for a first offense of illegal gaming in the second degree under section 725.7, subsection 2, paragraph “c” , subparagraph (1).
18. The application shall be filed in the criminal court case in which the conviction being sought to be expunged was entered.”
19. Page 4, by striking lines 4 through 18 and inserting: “
20. A person shall be granted an expungement of a conviction under this section one time in the person’s lifetime. However, the one application may request the expungement of more than one conviction if the convictions were entered in the same court file and arose from the same transaction or occurrence and the convictions are for criminal offenses that are eligible to be expunged under either this section or section 901C.3. The expungement of a misdemeanor conviction under this subsection shall not be considered an expungement under section 901C.3 for purposes of section 901C.3, subsection
21. ”
22. Page 4, line 21, by striking “expunged record under this section” and inserting “court record of the expunged conviction”
23. Page 4, line 26, by striking “record of”
24. Page 4, line 32, by striking “case” and inserting “conviction”
25. Page 4, by striking lines 34 and 35 and inserting: “
26. This section applies to a class “D” felony conviction entered prior to, on, or after July 1,
27. ”
28. Title page, line 2, by striking “nonviolent”
29. By renumbering, redesignating, and correcting internal references as necessary.

Official amendment (PDF) · In the Bill Book