H-8151

   Amend House File 2397 as follows:
   1.  Page 1, after line 25 by inserting: 
   <Sec. ___.  NEW SECTION.  901C.3  Simple misdemeanor —— expungement.
   1.  Upon application of a defendant convicted of a simple misdemeanor, the court shall enter an order expunging the record of such criminal case as a matter of law if the court finds the defendant has established either of the following:
   a.  More than five years have passed since the date of the conviction, the defendant has not been subsequently convicted of or granted a deferred judgment for any criminal offense, and the defendant is not currently charged with any criminal offense. 
   b.  More than ten years have passed since the date of the conviction, the defendant has not been subsequently convicted of or granted a deferred judgment for a felony offense, and the defendant is not currently charged with any criminal offense.
   2.  This section shall not apply to a conviction that is a conviction for a misdemeanor crime of domestic violence, or a simple misdemeanor conviction entered under section 123.46, 123.47, subsection 3, or 708.2A, or chapter 321 or 321J.
   3.  An expungement entered under this section shall not be considered an expungement for purposes of 18 U.S.C. §921(a)(33)(B)(ii) or section 724.26, and shall not provide relief from any state or federal firearm disability associated with the expunged conviction. 
   4.  Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety, if such a record is maintained in the criminal history data files.>
   2.  Title page, lines 1 and 2, by striking <the admissibility of evidence of an employee’s> and inserting <a person>
   3.  Title page, line 2, by striking <in civil actions>
   4.  By renumbering as necessary.

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WOLFE of Clinton