House File 2435 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 546) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to deferred judgment records in a criminal 2 proceeding. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5471HV 82 5 jm/rj/8 PAG LIN 1 1 Section 1. Section 907.9, subsection 4, Code 2007, is 1 2 amended to read as follows: 1 3 4. At the expiration of the period of probation and if the 1 4 fees imposed under sections 815.9 and 905.14 have been paid or 1 5 on condition that unpaid supervision fees be paid, the court 1 6 shall order the discharge of the person from probation, and 1 7 the court shall forward to the governor a recommendation for 1 8 or against restoration of citizenship rights to that person. 1 9 A person who has been discharged from probation shall no 1 10 longer be held to answer for the person's offense. Upon 1 11 discharge from probation, if judgment has been deferred under 1 12 section 907.3, the court's criminal record with reference to 1 13 the deferred judgment shall be expunged. However, the record 1 14 shall not be expunged until the person has paid the 1 15 restitution, civil penalties, court costs, fines, fees, or 1 16 other financial obligations ordered by the court or assessed 1 17 by the clerk of the district court in the case that includes 1 18 the deferred judgment. The record maintained by the state 1 19 court administrator as required by section 907.4 shall not be 1 20 expunged. The court's record shall not be expunged in any 1 21 other circumstances unless authorized by law. 1 22 EXPLANATION 1 23 This bill relates to deferred judgment records in a 1 24 criminal proceeding. 1 25 Under the bill, a person who receives a deferred judgment 1 26 shall not have the person's criminal record in the case 1 27 expunged until the person has paid the restitution, civil 1 28 penalties, court costs, fines, fees, or other financial 1 29 obligations in the deferred judgment case. 1 30 Under current law, a person who receives a deferred 1 31 judgment and who is discharged from probation shall have the 1 32 criminal record in the deferred judgment case expunged. 1 33 Under current law, a permanent record of a deferred 1 34 judgment is maintained pursuant to Code section 907.4, even if 1 35 the record is expunged, in order to determine if a defendant 2 1 has received a previous deferred judgment. 2 2 LSB 5471HV 82 2 3 jm/rj/8