House File 2235 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to expunging the record of certain simple
  2    misdemeanor violations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5637YH 82
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 123.46, subsection 5, Code 2007, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  NEW SECTION.  901.11  SIMPLE MISDEMEANOR == RECORD
  1  4 EXPUNGED.
  1  5    Upon the expiration of two years following conviction of a
  1  6 simple misdemeanor offense, other than a simple misdemeanor
  1  7 conviction under chapter 321, the person may petition the
  1  8 court to exonerate the person of the simple misdemeanor
  1  9 conviction.  If the person has had no other criminal
  1 10 convictions, other than simple misdemeanor convictions under
  1 11 chapter 321, the person shall be deemed exonerated of the
  1 12 offense as a matter of law.  The court shall enter an order
  1 13 exonerating the person of the conviction, and order that the
  1 14 record of the conviction be expunged by the clerk of the
  1 15 district court.
  1 16    Sec. 3.  Section 907.9, subsection 4, Code 2007, is amended
  1 17 to read as follows:
  1 18    4.  At the expiration of the period of probation and if the
  1 19 fees imposed under sections 815.9 and 905.14 have been paid or
  1 20 on condition that unpaid supervision fees be paid, the court
  1 21 shall order the discharge of the person from probation, and
  1 22 the court shall forward to the governor a recommendation for
  1 23 or against restoration of citizenship rights to that person.
  1 24 A person who has been discharged from probation shall no
  1 25 longer be held to answer for the person's offense.  Upon
  1 26 discharge from probation, if judgment has been deferred under
  1 27 section 907.3, the court's criminal record with reference to
  1 28 the deferred judgment shall be expunged.  The record
  1 29 maintained by the state court administrator as required by
  1 30 section 907.4 shall not be expunged.  The court's record shall
  1 31 not be expunged in any other circumstances unless authorized
  1 32 by law, or expunged pursuant to section 901.11.
  1 33                           EXPLANATION
  1 34    This bill relates to expunging the record of certain simple
  1 35 misdemeanor violations.
  2  1    The bill provides that after two years following the
  2  2 conviction of a person for a simple misdemeanor violation
  2  3 other than a simple misdemeanor violation of Code chapter 321,
  2  4 the person may petition the court to exonerate the person of
  2  5 the simple misdemeanor conviction.  If the person has had no
  2  6 other criminal convictions, other than simple misdemeanor
  2  7 violations of Code chapter 321, the court shall enter an order
  2  8 exonerating the person of the conviction, and order the record
  2  9 of the conviction be expunged by the clerk of the district
  2 10 court.
  2 11    The bill strikes Code section 123.46(5), relating to
  2 12 expunging public intoxication convictions, in order to
  2 13 consolidate the provision in new Code section 901.11.
  2 14 LSB 5637YH 82
  2 15 jm/nh/8