House File 2397 H-8151 Amend House File 2397 as follows: 1 1. Page 1, after line 25 by inserting: 2 < Sec. ___. NEW SECTION . 901C.3 Simple misdemeanor —— 3 expungement. 4 1. Upon application of a defendant convicted of a simple 5 misdemeanor, the court shall enter an order expunging the 6 record of such criminal case as a matter of law if the court 7 finds the defendant has established either of the following: 8 a. More than five years have passed since the date of the 9 conviction, the defendant has not been subsequently convicted 10 of or granted a deferred judgment for any criminal offense, 11 and the defendant is not currently charged with any criminal 12 offense. 13 b. More than ten years have passed since the date of the 14 conviction, the defendant has not been subsequently convicted 15 of or granted a deferred judgment for a felony offense, and the 16 defendant is not currently charged with any criminal offense. 17 2. This section shall not apply to a conviction that is a 18 conviction for a misdemeanor crime of domestic violence, or a 19 simple misdemeanor conviction entered under section 123.46, 20 123.47, subsection 3, or 708.2A, or chapter 321 or 321J. 21 3. An expungement entered under this section shall not 22 be considered an expungement for purposes of 18 U.S.C. 23 §921(a)(33)(B)(ii) or section 724.26, and shall not provide 24 relief from any state or federal firearm disability associated 25 with the expunged conviction. 26 4. Notwithstanding section 692.2, after receipt of 27 notice from the clerk of the district court that a record of 28 conviction has been expunged, the record of conviction shall be 29 removed from the criminal history data files maintained by the 30 department of public safety, if such a record is maintained in 31 the criminal history data files. > 32 2. Title page, lines 1 and 2, by striking < the admissibility 33 of evidence of an employee’s > and inserting < a person > 34 3. Title page, line 2, by striking < in civil actions > 35 -1- HF2397.4249 (1) 87 asf/rj 1/ 2 #1. #2.