HF 702 (LSB 2309HV (2) 88)

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 a person’s discharge from probation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.9, subsection 4, paragraph b, Code 2019, is amended to read as follows:
   b.  Upon discharge from probation, if judgment has been deferred under section 907.3, the court’s criminal record with reference to the deferred judgment, any counts dismissed by the court, which were contained in the indictment, information, or complaint that resulted in the deferred judgment, and any other related charges that were not contained in the indictment, information, or complaint but were dismissed, shall be expunged. However, the court’s record shall not be expunged until the person has paid the restitution, civil penalties, court costs, fees, or other financial obligations ordered by the court or assessed by the clerk of the district court in the case that includes the deferred judgment. The expunged record shall be sealed by the court and is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to an agency or person granted access to the deferred judgment docket under section 907.4, subsection 2.  A court record expunged pursuant to this paragraph shall not be released by the division of criminal investigation of the department of public safety to any private party conducting a criminal history background check. The court’s record shall not be expunged in any other circumstances unless authorized by law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the expungement of a deferred judgment upon a person’s discharge from probation. 
   Under current law, Code section 907.9 provides that if a judgment in a criminal case has been deferred, any counts dismissed by the court, which were contained in the indictment, information, or complaint that resulted in the deferred judgment, and any other related charges that were not contained in the indictment, information, or complaint but were dismissed, shall be expunged and the expunged record is a confidential record but shall be made available by the clerk of the district court, upon request and without court order, to an agency or person granted access to the deferred judgment docket.
   The bill requires the expunged record to be sealed by the court subject to the same confidentiality restrictions in current law. 
   The bill provides that a court record expunged pursuant to Code section 907.9 shall not be released by the division of criminal investigation of the department of public safety to any private party conducting a criminal history background check.