House
Study
Bill
553
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SWAIM)
A
BILL
FOR
An
Act
relating
to
expunging
the
conviction
for
certain
1
alcohol-related
offenses
committed
by
persons
under
legal
2
age.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
123.46,
subsection
5,
Code
2009,
is
1
amended
to
read
as
follows:
2
5.
Upon
the
expiration
of
two
years
following
conviction
3
for
a
violation
of
this
section,
a
person
may
petition
the
4
court
to
exonerate
the
person
of
expunge
the
conviction,
and
5
if
the
person
has
had
no
other
criminal
convictions,
other
6
than
simple
misdemeanor
violations
of
chapter
321
during
the
7
two-year
period,
the
person
shall
be
deemed
exonerated
of
8
the
offense
conviction
shall
be
expunged
as
a
matter
of
law.
9
The
court
shall
enter
an
order
exonerating
the
person
of
the
10
conviction,
and
ordering
that
the
record
of
the
conviction
be
11
expunged
by
the
clerk
of
the
district
court.
12
Sec.
2.
Section
123.47,
Code
2009,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
7.
Upon
the
expiration
of
two
years
15
following
conviction
for
a
violation
of
subsection
2
or
of
a
16
similar
local
ordinance,
a
person
may
petition
the
court
to
17
expunge
the
conviction,
and
if
the
person
has
had
no
other
18
criminal
convictions,
other
than
local
traffic
violations
19
or
simple
misdemeanor
violations
of
chapter
321
during
the
20
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
21
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
22
conviction
be
expunged
by
the
clerk
of
the
district
court.
An
23
expunged
conviction
shall
not
be
considered
a
prior
offense
for
24
purposes
of
enhancement
under
subsection
3
or
under
a
local
25
ordinance
unless
the
new
violation
occurred
prior
to
entry
of
26
the
order
of
expungement.
27
EXPLANATION
28
This
bill
relates
to
expunging
certain
criminal
convictions.
29
The
bill
modifies
provisions
relating
to
expunging
the
30
record
of
a
conviction
for
public
intoxication
after
two
31
years.
Under
the
bill,
two
years
after
conviction
for
public
32
intoxication
a
person
may
petition
the
court
to
expunge
the
33
record
of
the
conviction
if
the
person
has
not
had
other
34
criminal
convictions
other
than
simple
misdemeanor
violations
35
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_____
of
Code
chapter
321
during
the
two-year
period.
Currently,
a
1
person
may
petition
the
court
to
exonerate
the
person
and
have
2
the
court
enter
an
order
exonerating
the
person
as
a
matter
of
3
law.
4
The
bill
establishes
a
similar
expungement
provision
for
5
possessing,
purchasing,
or
attempting
to
purchase
alcohol
6
under
legal
age
and
for
similar
local
ordinances.
Under
the
7
bill,
two
years
after
conviction
for
possessing,
purchasing,
8
or
attempting
to
purchase
alcohol
under
legal
age
or
under
9
a
similar
local
ordinance,
a
person
may
petition
the
court
10
to
expunge
the
record
of
the
conviction
if
the
person
has
11
not
had
other
criminal
convictions
other
than
local
traffic
12
violations
or
simple
misdemeanor
violations
of
Code
chapter
321
13
during
the
two-year
period.
The
bill
also
provides
that
the
14
expunged
conviction
for
possessing,
purchasing,
or
attempting
15
to
purchase
alcohol
or
for
a
local
ordinance
shall
not
be
16
considered
a
prior
offense
for
purposes
of
enhancement
under
17
state
law
or
under
a
local
ordinance
unless
the
new
violation
18
occurred
prior
to
entry
of
the
order
of
expungement.
19
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