Print
House Study Bill 43 - IntroducedA Bill ForAn Act 1relating to court records for residential forcible entry
2and detainer actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2023, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and an
8execution for the defendant’s removal within three days from
9the judgment shall issue accordingly, to which judgment for
10costs shall be entered in the judgment docket and lien index,
11and to which shall be added a clause commanding the officer to
12collect the costs as in ordinary cases.
132. In a residential forcible entry and detainer action, the
14court shall enter an order sealing the court records of the
15action not later than three days from the date of the hearing,
16or from the date the hearing would have been held as provided
17by law, if any of the following occurs:
18a. The defendant is found not guilty.
19b. By motion or upon the court’s own determination, the
20court finds there is no genuine issue of material fact between
21the parties.
22c. The case is dismissed.
23d. The plaintiff does not appear for the hearing.
243. Upon application of a defendant found guilty in a
25residential forcible entry and detainer action for nonpayment
26of rent, the court shall enter an order sealing the record of
27the action, the existence of the petition, all filings and
28documentation within the case file, and any associated writs of
29execution, if all of the following conditions are met:
30a. More than five years have passed since the date of the
31finding of guilt.
32b. The applicant has not been found guilty in a subsequent
33forcible entry and detainer action in the five-year period
34directly preceding the application.
35c. The applicant has not previously been granted a sealing
-1-1of a finding of guilt under this chapter within ten years prior
2to the application.
3d. The applicant has paid all court costs, fees, fines, and
4any other financial obligation ordered by the court or assessed
5by the clerk of the district court in the case.
64. The application to seal the record of the action shall be
7included in the record the defendant wishes to seal, using a
8form prescribed by the supreme court.
95. Upon sealing, the existence of the petition, all filings
10and documentation within the case file, and any associated
11writs of execution shall be removed from any publicly
12accessible location under the direction of the judicial branch
13or county, as applicable. Notwithstanding chapter 22, records
14sealed upon satisfaction of the requirements specified in this
15section shall not be available for public inspection except in
16one of the following manners:
17a. Upon request by the defendant or the attorney for the
18defendant by filing a motion in the sealed case.
19b. Upon application to the judicial branch using a form
20prescribed by the supreme court for scholarly, educational,
21journalistic, or governmental purposes only, provided that in
22all cases, the names of minor children shall remain sealed
23at all times, and that the names and personally identifiable
24information of all persons named as defendants or included in
25the plaintiff’s petition shall be redacted and remain sealed
26unless the court determines that release of such information is
27necessary to fulfill the scholarly, educational, journalistic,
28or governmental purpose of the request.
29c. The clerk of court in the county in which an action is
30originated shall maintain a record in the aggregate of all
31filings and the final disposition of any such actions, to
32include dismissal, default judgment, and writs associated with
33disposition. The clerk of court shall make available to the
34public and report annually such aggregate information in such
35a manner prescribed by the supreme court as to protect the
-2-1identity of the parties while still providing the public with
2information regarding eviction proceedings in the county.
36. Upon sealing, a consumer reporting agency shall
4not disclose the existence of, or information regarding,
5an eviction action or other civil action sealed or made
6confidential under this section or use such action as a factor
7to determine any score or recommendation to be included in a
8consumer report regarding any person named in such case.
97. Subsections 3 through 6 do not apply to a money judgment
10awarded for an action that was filed with a forcible entry
11and detainer action or arising from the same set of facts and
12circumstances.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to sealing court records of residential
17forcible entry and detainer actions (eviction actions).
18The bill requires a court to seal the court records of an
19eviction action not later than three days from the date of the
20hearing if any of the following have occurred: the defendant
21is found not guilty, the court finds there is no genuine issue
22of material fact between the parties, the case is dismissed, or
23the plaintiff does not appear for the hearing.
24The bill provides that upon application of a defendant found
25guilty in an eviction action for nonpayment of rent, the court
26shall seal the court records if more than five years have
27passed since disposition, the applicant has not been found
28guilty in a subsequent eviction action in the five-year period
29preceding the application, the applicant within the last 10
30years has not been granted a sealing of eviction court records,
31and the applicant has paid all costs. The application to seal
32shall be included in the sealed court records.
33The bill provides that upon sealing the court records, all
34filings, documentation, and writs of association shall be
35removed from any publicly accessible location. Sealed court
-3-1records shall not be available for public inspection except
2upon request by the defendant or the attorney for the defendant
3by filing a motion in the sealed case or application to the
4judicial branch using a form to be prescribed by the supreme
5court for scholarly, educational, journalistic, or governmental
6purposes. The bill requires the clerk of court in the county
7in which an action is originated to maintain a record in the
8aggregate of all filings and to make such information available
9to the public in such a manner prescribed by the supreme court
10as to protect the identity of the parties while still providing
11the public with information relating to eviction actions in the
12county.
13The bill provides that upon sealing a consumer reporting
14agency shall not disclose the existence of, or information
15regarding, an eviction action or other civil action sealed or
16made confidential under the bill or use such action as a factor
17to determine any score or recommendation to be included in a
18consumer report regarding any person named in such case.
19Under the bill, certain provisions do not apply to an
20application to seal a record for an eviction action by a
21defendant found guilty when a money judgment has been awarded
22to the plaintiff.
-4-cm/ns
2and detainer actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2023, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and an
8execution for the defendant’s removal within three days from
9the judgment shall issue accordingly, to which judgment for
10costs shall be entered in the judgment docket and lien index,
11and to which shall be added a clause commanding the officer to
12collect the costs as in ordinary cases.
132. In a residential forcible entry and detainer action, the
14court shall enter an order sealing the court records of the
15action not later than three days from the date of the hearing,
16or from the date the hearing would have been held as provided
17by law, if any of the following occurs:
18a. The defendant is found not guilty.
19b. By motion or upon the court’s own determination, the
20court finds there is no genuine issue of material fact between
21the parties.
22c. The case is dismissed.
23d. The plaintiff does not appear for the hearing.
243. Upon application of a defendant found guilty in a
25residential forcible entry and detainer action for nonpayment
26of rent, the court shall enter an order sealing the record of
27the action, the existence of the petition, all filings and
28documentation within the case file, and any associated writs of
29execution, if all of the following conditions are met:
30a. More than five years have passed since the date of the
31finding of guilt.
32b. The applicant has not been found guilty in a subsequent
33forcible entry and detainer action in the five-year period
34directly preceding the application.
35c. The applicant has not previously been granted a sealing
-1-1of a finding of guilt under this chapter within ten years prior
2to the application.
3d. The applicant has paid all court costs, fees, fines, and
4any other financial obligation ordered by the court or assessed
5by the clerk of the district court in the case.
64. The application to seal the record of the action shall be
7included in the record the defendant wishes to seal, using a
8form prescribed by the supreme court.
95. Upon sealing, the existence of the petition, all filings
10and documentation within the case file, and any associated
11writs of execution shall be removed from any publicly
12accessible location under the direction of the judicial branch
13or county, as applicable. Notwithstanding chapter 22, records
14sealed upon satisfaction of the requirements specified in this
15section shall not be available for public inspection except in
16one of the following manners:
17a. Upon request by the defendant or the attorney for the
18defendant by filing a motion in the sealed case.
19b. Upon application to the judicial branch using a form
20prescribed by the supreme court for scholarly, educational,
21journalistic, or governmental purposes only, provided that in
22all cases, the names of minor children shall remain sealed
23at all times, and that the names and personally identifiable
24information of all persons named as defendants or included in
25the plaintiff’s petition shall be redacted and remain sealed
26unless the court determines that release of such information is
27necessary to fulfill the scholarly, educational, journalistic,
28or governmental purpose of the request.
29c. The clerk of court in the county in which an action is
30originated shall maintain a record in the aggregate of all
31filings and the final disposition of any such actions, to
32include dismissal, default judgment, and writs associated with
33disposition. The clerk of court shall make available to the
34public and report annually such aggregate information in such
35a manner prescribed by the supreme court as to protect the
-2-1identity of the parties while still providing the public with
2information regarding eviction proceedings in the county.
36. Upon sealing, a consumer reporting agency shall
4not disclose the existence of, or information regarding,
5an eviction action or other civil action sealed or made
6confidential under this section or use such action as a factor
7to determine any score or recommendation to be included in a
8consumer report regarding any person named in such case.
97. Subsections 3 through 6 do not apply to a money judgment
10awarded for an action that was filed with a forcible entry
11and detainer action or arising from the same set of facts and
12circumstances.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill relates to sealing court records of residential
17forcible entry and detainer actions (eviction actions).
18The bill requires a court to seal the court records of an
19eviction action not later than three days from the date of the
20hearing if any of the following have occurred: the defendant
21is found not guilty, the court finds there is no genuine issue
22of material fact between the parties, the case is dismissed, or
23the plaintiff does not appear for the hearing.
24The bill provides that upon application of a defendant found
25guilty in an eviction action for nonpayment of rent, the court
26shall seal the court records if more than five years have
27passed since disposition, the applicant has not been found
28guilty in a subsequent eviction action in the five-year period
29preceding the application, the applicant within the last 10
30years has not been granted a sealing of eviction court records,
31and the applicant has paid all costs. The application to seal
32shall be included in the sealed court records.
33The bill provides that upon sealing the court records, all
34filings, documentation, and writs of association shall be
35removed from any publicly accessible location. Sealed court
-3-1records shall not be available for public inspection except
2upon request by the defendant or the attorney for the defendant
3by filing a motion in the sealed case or application to the
4judicial branch using a form to be prescribed by the supreme
5court for scholarly, educational, journalistic, or governmental
6purposes. The bill requires the clerk of court in the county
7in which an action is originated to maintain a record in the
8aggregate of all filings and to make such information available
9to the public in such a manner prescribed by the supreme court
10as to protect the identity of the parties while still providing
11the public with information relating to eviction actions in the
12county.
13The bill provides that upon sealing a consumer reporting
14agency shall not disclose the existence of, or information
15regarding, an eviction action or other civil action sealed or
16made confidential under the bill or use such action as a factor
17to determine any score or recommendation to be included in a
18consumer report regarding any person named in such case.
19Under the bill, certain provisions do not apply to an
20application to seal a record for an eviction action by a
21defendant found guilty when a money judgment has been awarded
22to the plaintiff.
-4-cm/ns