House File 831 H-1258 Amend House File 831 as follows: 1 1. Page 1, by striking lines 11 through 17 and inserting: 2 < 2. As used in section 724.26, “conviction” does not include 3 a deferred judgment that has been expunged pursuant to section 4 907.3, subsection 1, paragraph “c” , or any conviction that 5 has been expunged or for which a person has been pardoned 6 or has had the person’s rights restored in accordance 7 with section 724.27 unless such expungement, pardon, or 8 restoration expressly provides that the person shall not ship, 9 transport, possess, or receive firearms, offensive weapons, or 10 ammunition. > 11 2. Page 1, line 28, by striking < Nonviolent class > and 12 inserting < Class > 13 3. Page 1, by striking lines 30 through 34 and inserting: 14 < 1. Upon application of a defendant convicted of a class 15 “D” felony offense listed in subsection 2, or convicted under 16 prior law of an offense comparable to a class “D” felony listed 17 in subsection 2, the court shall enter an order expunging the 18 conviction if the defendant has proven all of the following: > 19 4. By striking page 2, line 21, through page 3, line 32, and 20 inserting: 21 < 2. A conviction for the following class “D” felonies shall 22 be expunged if all of the conditions specified in subsection 1 23 are satisfied: 24 a. A conviction for violations involving excursion gambling 25 boats and gambling structures under section 99F.15, subsection 26 4. 27 b. A conviction for unlawful betting where the potential 28 winnings from the bet exceed one thousand dollars in value 29 under section 99F.15, subsection 6, paragraph “b” . 30 c. A conviction for forgery or fraud related to lottery 31 tickets, lottery equipment or materials, or lottery activities 32 under section 99G.36. 33 d. A conviction for the manufacture, delivery, or possession 34 with the intent to manufacture or deliver fifty kilograms or 35 -1- HF831.1581 (3) 89 as/rh 1/ 4 #1. #2. #3. #4.

less of marijuana or involving flunitrazepam under section 1 124.401, subsection 1, paragraph “d” . 2 e. A conviction for possession with the intent to 3 manufacture a controlled substance under section 124.401, 4 subsection 4. 5 f. A conviction for knowingly or intentionally possessing 6 a controlled substance under section 124.401, subsection 5, 7 unnumbered paragraph 1, when the person has previously been 8 convicted two or more times of violating chapter 124, 124B, or 9 453B, or chapter 124A as it existed prior to July 1, 2017. 10 g. A conviction for gatherings where controlled substances 11 are unlawfully used under section 124.407, subsection 2. 12 h. A conviction for a third or subsequent offense of 13 operating while under the influence of alcohol or a drug or 14 while having an alcohol concentration of .08 or more under 15 section 321J.2, subsection 2, paragraph “c” . 16 i. A conviction for a violation involving a taxable 17 substances tax stamp, label, or official insignia under section 18 453B.12, subsection 2, 3, or 4. 19 j. A conviction for a conspiracy to commit a felony other 20 than a forcible felony under section 706.3, subsection 2. 21 k. A conviction for violating a custodial order under 22 section 710.6, subsection 1. 23 l. A conviction for burglary in the third degree under 24 section 713.6A, subsection 1. 25 m. A conviction for theft in the second degree under section 26 714.2, subsection 2. 27 n. A conviction for fraudulent practices in the second 28 degree under section 714.10. 29 o. A conviction for intellectual property counterfeiting in 30 the second degree under section 714.26, subsection 2, paragraph 31 “b” . 32 p. A conviction for a computer and spyware offense causing 33 pecuniary losses exceeding one thousand dollars under section 34 715.7, subsection 2. 35 -2- HF831.1581 (3) 89 as/rh 2/ 4

q. A conviction for forgery under section 715A.2, subsection 1 2, paragraph “a” . 2 r. A conviction for criminal mischief in the second degree 3 under section 716.4. 4 s. A conviction for trespass under section 716.7, subsection 5 2, paragraph “a” , subparagraph (6). 6 t. A conviction for a second or subsequent violation of food 7 operation trespass under section 716.8, subsection 8, paragraph 8 “b” . 9 u. A conviction for railroad vandalism in the fourth degree 10 under section 716.10, subsection 2, paragraph “d” . 11 v. A conviction for a third offense of illegal gaming in the 12 fourth degree under section 725.7, subsection 2, paragraph “a” , 13 subparagraph (3). 14 w. A conviction for a second offense of illegal gaming in 15 the third degree under section 725.7, subsection 2, paragraph 16 “b” , subparagraph (2). 17 x. A conviction for a first offense of illegal gaming in the 18 second degree under section 725.7, subsection 2, paragraph “c” , 19 subparagraph (1). 20 3. The application shall be filed in the criminal court 21 case in which the conviction being sought to be expunged was 22 entered. > 23 5. Page 4, by striking lines 4 through 18 and inserting: 24 < 5. A person shall be granted an expungement of a conviction 25 under this section one time in the person’s lifetime. However, 26 the one application may request the expungement of more than 27 one conviction if the convictions were entered in the same 28 court file and arose from the same transaction or occurrence 29 and the convictions are for criminal offenses that are 30 eligible to be expunged under either this section or section 31 901C.3. The expungement of a misdemeanor conviction under this 32 subsection shall not be considered an expungement under section 33 901C.3 for purposes of section 901C.3, subsection 3. > 34 6. Page 4, line 21, by striking < expunged record under 35 -3- HF831.1581 (3) 89 as/rh 3/ 4 #5.

this section > and inserting < court record of the expunged 1 conviction > 2 7. Page 4, line 26, by striking < record of > 3 8. Page 4, line 32, by striking < case > and inserting 4 < conviction > 5 9. Page 4, by striking lines 34 and 35 and inserting: 6 < 9. This section applies to a class “D” felony conviction 7 entered prior to, on, or after July 1, 2021. > 8 10. Title page, line 2, by striking < nonviolent > 9 11. By renumbering, redesignating, and correcting internal 10 references as necessary. 11 ______________________________ WOLFE of Clinton -4- HF831.1581 (3) 89 as/rh 4/ 4 #7. #8. #9. #10. #11.