House
File
702
-
Introduced
HOUSE
FILE
702
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
351)
A
BILL
FOR
An
Act
relating
to
the
expungement
of
a
deferred
judgment
upon
1
a
person’s
discharge
from
probation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
702
Section
1.
Section
907.9,
subsection
4,
paragraph
b,
Code
1
2019,
is
amended
to
read
as
follows:
2
b.
Upon
discharge
from
probation,
if
judgment
has
been
3
deferred
under
section
907.3
,
the
court’s
criminal
record
with
4
reference
to
the
deferred
judgment,
any
counts
dismissed
by
the
5
court,
which
were
contained
in
the
indictment,
information,
6
or
complaint
that
resulted
in
the
deferred
judgment,
and
7
any
other
related
charges
that
were
not
contained
in
the
8
indictment,
information,
or
complaint
but
were
dismissed,
shall
9
be
expunged.
However,
the
court’s
record
shall
not
be
expunged
10
until
the
person
has
paid
the
restitution,
civil
penalties,
11
court
costs,
fees,
or
other
financial
obligations
ordered
by
12
the
court
or
assessed
by
the
clerk
of
the
district
court
in
the
13
case
that
includes
the
deferred
judgment.
The
expunged
record
14
shall
be
sealed
by
the
court
and
is
a
confidential
record
15
exempt
from
public
access
under
section
22.7
but
shall
be
made
16
available
by
the
clerk
of
the
district
court,
upon
request
and
17
without
court
order,
to
an
agency
or
person
granted
access
to
18
the
deferred
judgment
docket
under
section
907.4,
subsection
19
2
.
A
court
record
expunged
pursuant
to
this
paragraph
shall
20
not
be
released
by
the
division
of
criminal
investigation
of
21
the
department
of
public
safety
to
any
private
party
conducting
22
a
criminal
history
background
check.
The
court’s
record
shall
23
not
be
expunged
in
any
other
circumstances
unless
authorized
24
by
law.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
expungement
of
a
deferred
judgment
29
upon
a
person’s
discharge
from
probation.
30
Under
current
law,
Code
section
907.9
provides
that
31
if
a
judgment
in
a
criminal
case
has
been
deferred,
any
32
counts
dismissed
by
the
court,
which
were
contained
in
the
33
indictment,
information,
or
complaint
that
resulted
in
the
34
deferred
judgment,
and
any
other
related
charges
that
were
not
35
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2
H.F.
702
contained
in
the
indictment,
information,
or
complaint
but
1
were
dismissed,
shall
be
expunged
and
the
expunged
record
is
a
2
confidential
record
but
shall
be
made
available
by
the
clerk
3
of
the
district
court,
upon
request
and
without
court
order,
4
to
an
agency
or
person
granted
access
to
the
deferred
judgment
5
docket.
6
The
bill
requires
the
expunged
record
to
be
sealed
by
the
7
court
subject
to
the
same
confidentiality
restrictions
in
8
current
law.
9
The
bill
provides
that
a
court
record
expunged
pursuant
to
10
Code
section
907.9
shall
not
be
released
by
the
division
of
11
criminal
investigation
of
the
department
of
public
safety
to
12
any
private
party
conducting
a
criminal
history
background
13
check.
14
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