House File 13 - Introduced HOUSE FILE 13 BY WOLFE A BILL FOR An Act relating to the expungement of simple misdemeanor 1 offenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1324HH (4) 88 as/rh

H.F. 13 Section 1. NEW SECTION . 901C.3 Simple misdemeanor —— 1 expungement. 2 1. Upon application of a defendant convicted of a simple 3 misdemeanor, the court shall enter an order expunging the 4 record of such criminal case as a matter of law if the court 5 finds the defendant has established either of the following: 6 a. More than five years have passed since the date of the 7 conviction, the defendant has not been subsequently convicted 8 of or granted a deferred judgment for any criminal offense, 9 and the defendant is not currently charged with any criminal 10 offense. 11 b. More than ten years have passed since the date of the 12 conviction, the defendant has not been subsequently convicted 13 of or granted a deferred judgment for a felony offense, and the 14 defendant is not currently charged with any criminal offense. 15 2. This section shall not apply to a conviction that is a 16 simple misdemeanor conviction entered under section 123.46, 17 section 123.47, subsection 3, chapter 321 or 321J, or section 18 708.2A. 19 3. Notwithstanding section 692.2, after receipt of 20 notice from the clerk of the district court that a record of 21 conviction has been expunged, the record of conviction shall be 22 removed from the criminal history data files maintained by the 23 department of public safety, if such a record is maintained in 24 the criminal history data files. 25 4. Subsection 1 applies whether the simple misdemeanor 26 conviction was expunged prior to, on, or after July 1, 2019. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the expungement of a simple misdemeanor 31 offense. 32 The term “expunged” means the court’s criminal record with 33 reference to a deferred judgment or any other criminal record 34 that has been segregated in a secure area or database which is 35 -1- LSB 1324HH (4) 88 as/rh 1/ 2

H.F. 13 exempt from public access. 1 The bill provides that upon the application of a defendant 2 convicted of a simple misdemeanor, the court shall enter an 3 order expunging the record of such criminal case as a matter of 4 law if the defendant has established that more than five years 5 have passed since the date of the conviction; the defendant 6 has not been subsequently convicted of or granted a deferred 7 judgment for any criminal offense; and the defendant is not 8 currently charged with any criminal offense or more than 9 10 years have passed since the date of the conviction; the 10 defendant has not been subsequently convicted of or granted a 11 deferred judgment for a felony offense; and the defendant is 12 not currently charged with any criminal offense. 13 The bill does not apply to simple misdemeanor convictions 14 under Code section 123.46 (consumption or intoxication in 15 public place), Code section 123.47(3) (alcohol consumption by 16 persons under legal age), Code chapters 321 (motor vehicles and 17 laws of the road) and 321J (operating while intoxicated), or 18 Code section 708.2A (domestic abuse assault). 19 The bill applies to a simple misdemeanor conviction that 20 occurs prior to, on, or after July 1, 2019. 21 The bill also provides that, notwithstanding Code section 22 692.2 (dissemination of criminal history data) after receipt 23 of notice from the clerk of the district court that a record of 24 conviction has been expunged, the record of conviction shall be 25 removed from the criminal history data files maintained by the 26 department of public safety if such a record was maintained in 27 the criminal history data files. 28 -2- LSB 1324HH (4) 88 as/rh 2/ 2