Relating to the expungement of convictions for certain class “D” felonies, and related convictions, and to the definition of a conviction relating to the possession, receipt, and transportation of firearms, offensive weapons, and ammunition

This bill 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, offensive weapons, and ammunition.27 (restoration of offenders’ rights) unless such expungement, pardon, or restoration expressly provides that the person shall not ship, transport, possess, or receive firearms, offensive weapons, or ammunition. 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 by the defendant; 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. 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 shall be granted an expungement of a record one time in the person’s lifetime.3.3(3) which allows for an expungement once in a person’s lifetime of certain misdemeanor convictions under certain circumstances. The bill provides that the expunged record is a confidential record exempt from public access 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.