Bills › 88th General Assembly

SF 87Died when the session ended · January 23, 2019

Relating to the expungement of records of certain misdemeanor offenses, and including applicability provisions

Topics:Courts & civil lawCrime & corrections

Where it is now

  1. Done: IntroducedJanuary 23, 2019
  2. Done: SubcommitteeJanuary 23, 2019
  3. Stopped: Senate committeeDied when the General Assembly ended
  4. Next: Passes the Senate
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to the expungement of records of certain misdemeanor offenses.46. The bill provides that upon the application of a defendant convicted of a misdemeanor in the county where the defendant’s conviction occurred, the court shall enter an order expunging the record of such criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.

Read the full explanation

51(e) (table 4) (commercial driver’s licenses); and any conviction under prior law of an offense comparable to an offense enumerated in the bill. In addition, the bill does not apply to a defendant who is the subject of a protective order or a no-contact order; a defendant who has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under Code chapter 321 or of a similar local ordinance; or a defendant who has previously been granted two deferred judgments. The bill prohibits a person from applying more than once for an expungement of the person’s record. A person shall be granted an expungement of a record only one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.7 but shall be made available by the clerk of the district court upon court order. The bill also provides that after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files. The bill provides that the supreme court may prescribe rules governing expungement procedures applicable to criminal cases pursuant to the division. The bill applies to misdemeanor convictions that occur prior to, on, or after July 1, 2019.

Full bill text1

Senate subcommittee

Named January 23, 2019. It hasn’t reported yet.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Iowa Code it changes

Creates§901C.3

Amends§123.46

How the Code works2

Lobbying

1 for · 0 against · 8 undecided · Who →