J. Doe v. Iowa District Court for Polk County

J. Doe was charged in a two-count trial information with disorderly conduct, a simple misdemeanor (count I), and child endangerment, an aggravated misdemeanor (count II). Doe was subsequently convicted of count I and count II was dismissed. Several years later, Doe filed an application to expunge pursuant to Iowa Code section 901C.3. The district court granted the application as to count I only. Doe subsequently filed a motion to implement expungement under Iowa Rule of Criminal Procedure 2.84(4) seeking to expunge both counts. The district court denied Doe’s motion on the basis that count II was a dismissal, not a conviction, and thus could not be expunged under section 901C.3. The supreme court granted Doe’s petition for writ of certiorari.

Holding: The plaintiff petitions the district court’s denial of a motion to implement an expungement. Writ Sustained and Case Remanded.