Proyectos de ley › 89.ª Asamblea General
Relating to the expungement of certain nonviolent class “D” felonies
Temas:Courts & civil lawCrime & corrections
La misma legislación: HF 831
Dónde está ahora
- Hecho: Presentado27 de enero de 2021
- Hecho: Subcomité24 de febrero de 2021
- Hecho: Comité de la Cámara5 de marzo de 2021
- Se saltó: Lo aprueba la CámaraSigue como HF 831
- Sigue: Comité del Senado
- Sigue: Lo aprueba el Senado
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es HF 831 → Sigue avanzando con el número nuevo. Ir a HF 831 ¿Qué es el embudo (funnel)?
Qué contiene
La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.
This bill relates to the expungement of certain nonviolent class “D” felonies. The bill provides that upon application of a defendant convicted of a nonviolent class “D” felony offense filed in the county where the conviction occurred, the court shall enter an order expunging the record of such a criminal case if the defendant has proven all of the following: more than years have passed since the discharge of the defendant’s sentence; all conditions of the defendant’s parole or probation have been satisfied; all court costs, fees, fines, restitution, and any other financial obligations have been paid; the defendant has not previously been granted a deferred judgment for a prior felony; the defendant has not been convicted of or received a deferred judgment for a felony offense committed subsequent to the conviction for which the defendant is seeking expungement; the defendant has not been convicted of or received a deferred judgment for a misdemeanor offense of violence committed subsequent to the conviction for which the defendant is seeking expungement; the defendant is not currently incarcerated or serving a period of probation for any criminal offense and has no pending criminal charges; and the defendant is not required to register as a sex offender under Code chapter 692A.
Lea la explicación completa
8. The bill provides that the county attorney for the county in which the conviction was entered shall be given notice of the application, and an order of expungement shall not be entered until the state has been given notice and the opportunity to object on the grounds that the applicant does not satisfy all of the conditions specified in the bill, and no order of expungement shall be entered until at least days after the application has been filed. The bill provides that a person can be granted an expungement of a record under the bill one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one nonviolent class “D” felony offense if the nonviolent class “D” felony offenses arose from the same transaction or occurrence, and the application contains the nonviolent class “D” felony offenses to be expunged. The bill provides that the expunged record is a confidential record exempt from public but shall be made available by the clerk of the district court upon court order. 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 the procedures applicable to the expungement of a criminal case under this Code section. The bill applies to a nonviolent class “D” felony conviction that occurred prior to, on, or after July 1, 2021.
Cambiado después por la enmienda H-1258; vea Enmiendas.
House subcommittee
Named February 24, 2021. On March 1, 2021 it recommended passage. Vote Total: 3-0.
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
Nota fiscal
Resumen con IA This bill allows people to apply to have certain nonviolent Class D felony convictions removed from their criminal records. It is estimated to increase costs to the Judicial Branch operating budget by $126,000 annually beginning in fiscal year 2022. (en inglés)2
Lea la nota fiscal (en inglés)
Description
House File 831 relates to the expungement of convictions for certain nonviolent Class D felonies and to the definition of a conviction relating to the possession, receipt, and transportation of firearms, offense weapons, and ammunition. The Bill provides that for the purposes of Iowa Code section 724.26, a conviction does not include any offense which has been expunged or for which a person has been pardoned or has had the person’s rights restored in accordance with Iowa Code section 724.27.
House File 831 provides that upon application of a defendant convicted of a nonviolent Class D felony offense filed in the county where the conviction occurred, the court must enter an order expunging the criminal record if the defendant meets the criteria outlined in the Bill. The Bill also lists the Class D felony convictions that are not eligible for expungement. Under the Bill, a person may be granted an expungement only one time in the person’s lifetime, with certain exceptions. House File 831 applies to a nonviolent Class D felony conviction that occurred prior to, on, or after July 1, 2021.
Background
In CY 2010, there were 4,983 convictions for Class D felony offenses categorized in the Criminal and Juvenile Justice Planning Division (CJJP) conviction data as property, drug, public, other or unknown crime types.
Assumptions
- The annual number of convictions eligible for expungement after 10 years will remain consistent in future fiscal years.
- A substantial number of people with a felony conviction will seek expungement, but a substantial number will not meet the eligibility criteria specified in the Bill.
- An expungement will be sought for one-third of all Class D felony convictions 10 or more years after discharge of sentence. For each calendar year of convictions, there will be 1,644 expungement applications.
- The following court resources will be required for each application:
- An average of 30 minutes of law clerk time to review each application and all supporting materials filed in the case at a cost of $34.00 per hour.
- An average of 20 minutes of judge and court reporter time for one or more hearings for each application at a cost of $109.79 per hour and $51.12 per hour, respectively.
- An average of 10 minutes of judicial specialist time per case to review and approve filings and docket events in each case at a cost of $34.71 per hour.
Fiscal Impact
House File 831 is estimated to increase costs to the Judicial Branch operating budget by $126,000 annually beginning in FY 2022. In addition, it is possible that the number of applications for expungement filed in the first several years after enactment will be higher because the initial pool of potentially eligible convictions will be all convictions for which at least 10 years have passed since discharge of sentence. If this were to happen, the costs in terms of judicial officer and staff time would likely be higher than indicated in the estimate.
Source
- Judicial Branch
- Class D Felony Convictions, Expungement · 15 de marzo de 2021 · $126,000
Lo que cambia del Código de Iowa (Iowa Code)
Crea§901C.4
Cabildeo
14 a favor · 0 en contra · 10 indecisos · Quiénes →
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89th General Assembly