House
Amendment
to
Senate
File
385
S-3120
Amend
Senate
File
385,
as
amended,
passed,
and
1
reprinted
by
the
Senate,
as
follows:
2
1.
By
striking
page
1,
line
3,
through
page
2,
line
3
18,
and
inserting:
4
<
1.
As
used
in
this
section,
unless
the
context
5
otherwise
requires,
“expunge”
and
“expungement”
mean
6
the
same
as
expunged
in
section
907.1.
7
2.
a.
Except
as
provided
in
paragraph
“b”
,
upon
8
application
of
a
defendant
or
a
prosecutor
in
a
9
criminal
case,
or
upon
the
court’s
own
motion
in
a
10
criminal
case,
the
court
shall
enter
an
order
expunging
11
the
record
of
such
criminal
case
if
the
court
finds
12
that
the
defendant
has
established
that
all
of
the
13
following
have
occurred,
as
applicable:
14
(1)
The
criminal
case
contains
one
or
more
criminal
15
charges
in
which
an
acquittal
was
entered
for
all
16
criminal
charges,
or
in
which
all
criminal
charges
were
17
otherwise
dismissed.
18
(2)
All
court
costs,
fees,
and
other
financial
19
obligations
ordered
by
the
court
or
assessed
by
the
20
clerk
of
the
district
court
have
been
paid.
21
(3)
A
minimum
of
one
hundred
eighty
days
have
22
passed
since
entry
of
the
judgment
of
acquittal
or
of
23
the
order
dismissing
the
case
relating
to
all
criminal
24
charges,
unless
the
court
finds
good
cause
to
waive
25
this
requirement
for
reasons
including
but
not
limited
26
to
the
fact
that
the
defendant
was
the
victim
of
27
identity
theft
or
mistaken
identity.
28
(4)
The
case
was
not
dismissed
due
to
the
defendant
29
being
found
not
guilty
by
reason
of
insanity.
30
(5)
The
defendant
was
not
found
incompetent
to
31
stand
trial
in
the
case.
32
b.
The
court
shall
not
enter
an
order
expunging
the
33
record
of
a
criminal
case
under
paragraph
“a”
unless
34
all
the
parties
in
the
case
have
had
time
to
object
on
35
the
grounds
that
one
or
more
of
the
relevant
conditions
36
in
paragraph
“a”
have
not
been
established.
37
3.
The
record
in
a
criminal
case
expunged
under
38
this
section
is
a
confidential
record
exempt
from
39
public
access
under
section
22.7
but
shall
be
made
40
available
by
the
clerk
of
the
district
court,
upon
41
request
and
without
court
order,
to
the
defendant
or
42
to
an
agency
or
person
granted
access
to
the
deferred
43
judgment
docket
under
section
907.4,
subsection
2.
44
4.
This
chapter
does
not
apply
to
dismissals
45
related
to
a
deferred
judgment
under
section
907.9.
46
5.
This
chapter
applies
to
all
public
offenses,
as
47
defined
under
section
692.1.
48
6.
The
court
shall
advise
the
defendant
of
the
49
provisions
of
this
chapter
upon
either
the
acquittal
or
50
-1-
SF385.1475.H
(1)
86
md
1/
2
#1.
the
dismissal
of
all
criminal
charges
in
a
case.
1
7.
The
supreme
court
may
prescribe
rules
governing
2
the
procedures
applicable
to
the
expungement
of
the
3
record
of
a
criminal
case
under
this
chapter.
4
8.
This
section
shall
apply
to
all
relevant
5
criminal
cases
that
occurred
prior
to,
on,
or
after
the
6
effective
date
of
this
Act.
>
7
2.
Page
2,
line
19,
by
striking
<
July
>
and
8
inserting
<
January
>
9
3.
Title
page,
line
3,
after
<
date
>
by
inserting
10
<
and
applicability
>
11
4.
By
renumbering
as
necessary.
12
-2-
SF385.1475.H
(1)
86
md
2/
2
#2.
#3.