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House File 548 - IntroducedA Bill ForAn Act 1relating to court records for residential forcible
2entry and detainer actions and including effective date
3provisions.
4BE 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,
14the court records of the action shall be sealed not later than
15three days from the date of the order, if any of the following
16occurs:
17a. The defendant is found not guilty.
18b. The case is dismissed.
19c. The plaintiff does not appear for the hearing.
203. In a residential forcible entry and detainer action, the
21court shall enter an order sealing the court records of the
22action not later than three days from the date of the order
23if, by motion or upon the court’s own determination, the court
24finds there is no genuine issue of material fact between the
25parties.
264. Upon application of a defendant found guilty in a
27residential forcible entry and detainer action for nonpayment
28of rent, the court shall enter an order sealing the record of
29the action, the existence of the petition, all filings and
30documentation within the case file, and any associated writs of
31execution, if all of the following conditions are met:
32a. More than five years have passed since the date of the
33finding of guilt.
34b. The applicant has not been found guilty in a subsequent
35forcible entry and detainer action in the five-year period
-1-1directly preceding the application.
2c. The applicant has not previously been granted a sealing
3of a finding of guilt under this chapter within ten years prior
4to the application.
5d. The applicant has paid all court costs, fees, fines, and
6any other financial obligation ordered by the court or assessed
7by the clerk of the district court in the case.
85. The application to seal the record of the action shall be
9included in the record the defendant wishes to seal, using a
10form prescribed by the supreme court.
116. Upon sealing, the existence of the petition, all filings
12and documentation within the case file, and any associated
13writs of execution shall be removed from any publicly
14accessible location under the direction of the judicial branch
15or county, as applicable. The clerk of court shall enter
16satisfaction of judgment in the judgment docket and lien index.
17Notwithstanding chapter 22, records sealed upon satisfaction
18of the requirements specified in this section shall not be
19available for public inspection except in one of the following
20manners:
21a. Upon request by the defendant or the attorney for the
22defendant by filing a motion in the sealed case.
23b. Upon application to the judicial branch using a form
24prescribed by the supreme court for scholarly, educational,
25journalistic, or governmental purposes only, provided that in
26all cases, the names of minor children shall remain sealed
27at all times, and that the names and personally identifiable
28information of all persons named as defendants or included in
29the plaintiff’s petition shall be redacted and remain sealed
30unless the court determines that release of such information is
31necessary to fulfill the scholarly, educational, journalistic,
32or governmental purpose of the request.
33c. State court administration shall maintain a record in
34the aggregate of all filings and the final disposition of any
35such actions, to include dismissal, default judgment, and writs
-2-1associated with disposition. State court administration shall
2make available to the public and report annually such aggregate
3information in such a manner prescribed by the supreme court as
4to protect the identity of the parties while still providing
5the public with information regarding eviction proceedings.
67. Upon sealing, a consumer reporting agency shall
7not disclose the existence of, or information regarding,
8an eviction action or other civil action sealed or made
9confidential under this section or use such action as a factor
10to determine any score or recommendation to be included in a
11consumer report regarding any person named in such case.
128. Subsections 4 through 7 do not apply to a money judgment
13awarded for an action that was filed with a forcible entry
14and detainer action or arising from the same set of facts and
15circumstances.
16 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2024.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to sealing court records of residential
21forcible entry and detainer actions (eviction actions).
22The bill requires a court to seal the court records of an
23eviction action not later than three days from the date of the
24order if any of the following have occurred: the defendant is
25found not guilty, the case is dismissed, the plaintiff does not
26appear for the hearing, or if, by motion or upon the court’s
27own determination, the court finds there is no genuine issue of
28material fact between the parties.
29The bill provides that upon application of a defendant found
30guilty in an eviction action for nonpayment of rent, the court
31shall seal the court records if more than five years have
32passed since disposition, the applicant has not been found
33guilty in a subsequent eviction action in the five-year period
34preceding the application, the applicant within the last 10
35years has not been granted a sealing of eviction court records,
-3-1and the applicant has paid all costs. The application to seal
2shall be included in the sealed court records.
3The bill provides that upon sealing the court records, all
4filings, documentation, and writs of association shall be
5removed from any publicly accessible location. Sealed court
6records shall not be available for public inspection except
7upon request by the defendant or the attorney for the defendant
8by filing a motion in the sealed case or application to the
9judicial branch using a form to be prescribed by the supreme
10court for scholarly, educational, journalistic, or governmental
11purposes. The bill requires the state court administrator
12to maintain a record in the aggregate of all filings and to
13make such information available to the public in such a manner
14prescribed by the supreme court as to protect the identity of
15the parties while still providing the public with information
16relating to eviction actions.
17The bill provides that upon sealing a consumer reporting
18agency shall not disclose the existence of, or information
19regarding, an eviction action or other civil action sealed or
20made confidential under the bill or use such action as a factor
21to determine any score or recommendation to be included in a
22consumer report regarding any person named in such case.
23Under the bill, certain provisions do not apply to an
24application to seal a record for an eviction action by a
25defendant found guilty when a money judgment has been awarded
26to the plaintiff.
27The bill takes effect July 1, 2024.
-4-cm/ns
2entry and detainer actions and including effective date
3provisions.
4BE 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,
14the court records of the action shall be sealed not later than
15three days from the date of the order, if any of the following
16occurs:
17a. The defendant is found not guilty.
18b. The case is dismissed.
19c. The plaintiff does not appear for the hearing.
203. In a residential forcible entry and detainer action, the
21court shall enter an order sealing the court records of the
22action not later than three days from the date of the order
23if, by motion or upon the court’s own determination, the court
24finds there is no genuine issue of material fact between the
25parties.
264. Upon application of a defendant found guilty in a
27residential forcible entry and detainer action for nonpayment
28of rent, the court shall enter an order sealing the record of
29the action, the existence of the petition, all filings and
30documentation within the case file, and any associated writs of
31execution, if all of the following conditions are met:
32a. More than five years have passed since the date of the
33finding of guilt.
34b. The applicant has not been found guilty in a subsequent
35forcible entry and detainer action in the five-year period
-1-1directly preceding the application.
2c. The applicant has not previously been granted a sealing
3of a finding of guilt under this chapter within ten years prior
4to the application.
5d. The applicant has paid all court costs, fees, fines, and
6any other financial obligation ordered by the court or assessed
7by the clerk of the district court in the case.
85. The application to seal the record of the action shall be
9included in the record the defendant wishes to seal, using a
10form prescribed by the supreme court.
116. Upon sealing, the existence of the petition, all filings
12and documentation within the case file, and any associated
13writs of execution shall be removed from any publicly
14accessible location under the direction of the judicial branch
15or county, as applicable. The clerk of court shall enter
16satisfaction of judgment in the judgment docket and lien index.
17Notwithstanding chapter 22, records sealed upon satisfaction
18of the requirements specified in this section shall not be
19available for public inspection except in one of the following
20manners:
21a. Upon request by the defendant or the attorney for the
22defendant by filing a motion in the sealed case.
23b. Upon application to the judicial branch using a form
24prescribed by the supreme court for scholarly, educational,
25journalistic, or governmental purposes only, provided that in
26all cases, the names of minor children shall remain sealed
27at all times, and that the names and personally identifiable
28information of all persons named as defendants or included in
29the plaintiff’s petition shall be redacted and remain sealed
30unless the court determines that release of such information is
31necessary to fulfill the scholarly, educational, journalistic,
32or governmental purpose of the request.
33c. State court administration shall maintain a record in
34the aggregate of all filings and the final disposition of any
35such actions, to include dismissal, default judgment, and writs
-2-1associated with disposition. State court administration shall
2make available to the public and report annually such aggregate
3information in such a manner prescribed by the supreme court as
4to protect the identity of the parties while still providing
5the public with information regarding eviction proceedings.
67. Upon sealing, a consumer reporting agency shall
7not disclose the existence of, or information regarding,
8an eviction action or other civil action sealed or made
9confidential under this section or use such action as a factor
10to determine any score or recommendation to be included in a
11consumer report regarding any person named in such case.
128. Subsections 4 through 7 do not apply to a money judgment
13awarded for an action that was filed with a forcible entry
14and detainer action or arising from the same set of facts and
15circumstances.
16 Sec. 2. EFFECTIVE DATE. This Act takes effect July 1, 2024.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to sealing court records of residential
21forcible entry and detainer actions (eviction actions).
22The bill requires a court to seal the court records of an
23eviction action not later than three days from the date of the
24order if any of the following have occurred: the defendant is
25found not guilty, the case is dismissed, the plaintiff does not
26appear for the hearing, or if, by motion or upon the court’s
27own determination, the court finds there is no genuine issue of
28material fact between the parties.
29The bill provides that upon application of a defendant found
30guilty in an eviction action for nonpayment of rent, the court
31shall seal the court records if more than five years have
32passed since disposition, the applicant has not been found
33guilty in a subsequent eviction action in the five-year period
34preceding the application, the applicant within the last 10
35years has not been granted a sealing of eviction court records,
-3-1and the applicant has paid all costs. The application to seal
2shall be included in the sealed court records.
3The bill provides that upon sealing the court records, all
4filings, documentation, and writs of association shall be
5removed from any publicly accessible location. Sealed court
6records shall not be available for public inspection except
7upon request by the defendant or the attorney for the defendant
8by filing a motion in the sealed case or application to the
9judicial branch using a form to be prescribed by the supreme
10court for scholarly, educational, journalistic, or governmental
11purposes. The bill requires the state court administrator
12to maintain a record in the aggregate of all filings and to
13make such information available to the public in such a manner
14prescribed by the supreme court as to protect the identity of
15the parties while still providing the public with information
16relating to eviction actions.
17The bill provides that upon sealing a consumer reporting
18agency shall not disclose the existence of, or information
19regarding, an eviction action or other civil action sealed or
20made confidential under the bill or use such action as a factor
21to determine any score or recommendation to be included in a
22consumer report regarding any person named in such case.
23Under the bill, certain provisions do not apply to an
24application to seal a record for an eviction action by a
25defendant found guilty when a money judgment has been awarded
26to the plaintiff.
27The bill takes effect July 1, 2024.
-4-cm/ns