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.