SF 87 (LSB 1090XS (3) 88)

SENATE FILE 87

BY  BOLKCOM and WAHLS

A BILL FOR

An Act relating to the expungement of records of certain misdemeanor offenses, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.46, subsection 6, Code 2019, is amended to read as follows:
   6.  Upon the expiration of two years following conviction for a violation of this section and a violation or of a similar local ordinance that arose from the same transaction or occurrence, a person may petition the court to expunge the conviction including the conviction for a violation of a local ordinance that arose from the same transaction or occurrence, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be expunged as a matter of law. The court shall enter an order that the record of the conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence has been expunged, the record of conviction and the conviction for a violation of a local ordinance that arose from the same transaction or occurrence shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
    Sec. 2.  NEW SECTION.  901C.3  Misdemeanor —— expungement.
   1.  Upon application of a defendant convicted of a misdemeanor offense in the county where the conviction occurred, the court shall enter an order expunging the record of such a criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   2.  Upon objection by the county attorney to the application, the court shall dismiss the defendant’s application if any of the following apply:
   a.  A conviction under section 123.46.
   b.  A simple misdemeanor conviction under section 123.47, subsection 3, or similar local ordinance. 
   c.  A conviction for dependent adult abuse under section 235B.20.
   d.  A conviction under section 321.218, 321A.32, or 321J.21.
   e.  A conviction under section 321J.2.
   f.  A conviction for a sex offense as defined in section 692A.101.
   g.  A conviction for involuntary manslaughter under section 707.5.
   h.  A conviction for assault under section 708.2, subsection 3.
   i.  A conviction under section 708.2A.
   j.  A conviction for harassment under section 708.7.
   k.  A conviction for stalking under section 708.11.
   l.  A conviction for removal of an officer’s communication or control device under section 708.12.
   m.  A conviction for trespass under section 716.8, subsection 3 or 4.
   n.  A conviction under chapter 717C.
   o.  A conviction under chapter 719.
   p.  A conviction under chapter 720.
   q.  A conviction under section 721.2.
   r.  A conviction under section 721.10.
   s.  A conviction under section 723.1. 
   t.  A conviction under chapter 724.
   u.  A conviction under chapter 726.
   v.  A conviction under chapter 728.
   w.  A conviction under chapter 901A.
   x.  A conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4).
   y.  A conviction under prior law of an offense comparable to an offense enumerated in this subsection.
   z.  The defendant is the subject of a protective order or a no-contact order.
   aa.  The defendant has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under chapter 321 or of a similar local ordinance.
   ab.  The defendant has previously been granted two deferred judgments.
   3.  A person shall be granted an expungement of a record under this section one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   4.  The expunged record under this section 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 court order.
   5.  Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged under subsection 1, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   6.  The supreme court may prescribe rules governing the procedures applicable to the expungement of a criminal case under this section.
   7.  This section applies to a misdemeanor conviction that occurred prior to, on, or after July 1, 2019.
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 records of certain misdemeanor offenses. 
   The bill strikes a provision in Code section 123.46 relating to the expungement of a conviction for public intoxication allowing for the expungement of a local ordinance violation that arose out of the same transaction or occurrence of a conviction under Code section 123.46.
   The bill provides that upon the application of a defendant convicted of a misdemeanor in the county where the defendant’s conviction occurred, the court shall enter an order expunging the record of such criminal case, as a matter of law, if the defendant has established that more than eight years have passed since the date of the conviction, the defendant has no pending criminal charges, and all court costs, fees, fines, and restitution and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
   The bill provides that upon objection by the county attorney to the defendant’s application, the court shall dismiss the application if any of the following misdemeanor offenses apply: simple misdemeanor convictions under Code sections 123.46 (consumption or intoxication in public places) and 123.47(3) (alcohol consumption by persons under legal age) or similar local ordinances, because expungement procedures already exist for both offenses; convictions for dependent adult abuse under Code section 235B.20; convictions for operating a motor vehicle with an invalid driver’s license under Code section 321.218, 321A.32, or 321J.21; convictions for operating while intoxicated under Code section 321J.2; convictions for sex offenses as defined in Code section 692A.101; a conviction for involuntary manslaughter under Code section 707.5; a conviction for assault involving a dangerous weapon under Code section 708.2(3); convictions for domestic abuse assault under Code section 708.2A; convictions for harassment under Code section 708.7; a conviction for stalking under Code section 708.11; convictions for removal of an officer’s communication or control device under Code section 708.12; convictions for trespass under Code section 716.8(3) or (4); convictions for bestiality under Code section 717C.1; convictions under Code chapter 719 (obstructing justice); convictions under Code chapter 720 (interference with judicial process); convictions under Code section 721.2 (nonfelonious conduct in office); convictions under Code section 721.10 (misuse of public records and files); convictions under Code section 723.1 (riot); convictions under Code chapter 724 (weapons); convictions under Code chapter 726 (protections of the family and dependent persons); convictions under Code chapter 728 (obscenity); convictions under Code chapter 901A (sexually predatory offenses); a conviction for a comparable offense listed in 49 C.F.R. §383.51(b) (table 1) or 49 C.F.R. §383.51(e) (table 4) (commercial driver’s licenses); and any conviction under prior law of an offense comparable to an offense enumerated in the bill. In addition, the bill does not apply to a defendant who is the subject of a protective order or a no-contact order; a defendant who has been subsequently convicted of or granted a deferred judgment for any criminal offense, other than a simple misdemeanor conviction under Code chapter 321 or of a similar local ordinance; or a defendant who has previously been granted two deferred judgments.
   The bill prohibits a person from applying more than once for an expungement of the person’s record. A person shall be granted an expungement of a record only one time in the person’s lifetime. However, the one application may request the expungement of records relating to more than one misdemeanor offense if the misdemeanor offenses arose from the same transaction or occurrence, and the application contains the misdemeanor offenses to be expunged.
   The bill provides that the expunged record under the bill is a confidential record exempt from public access under Code section 22.7 but shall be made available by the clerk of the district court upon court order.
   The bill also provides that after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.
   The bill provides that the supreme court may prescribe rules governing expungement procedures applicable to criminal cases pursuant to the division.
   The bill applies to misdemeanor convictions that occur prior to, on, or after July 1, 2019.