Senate Study Bill 1326 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON KREIMAN)


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

                                      A BILL FOR

  1 An Act relating to expunging a record of conviction for theft in
  2    the fifth degree offenses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2836SC 82
  5 jm/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  714.2A  THEFT IN THE FIFTH DEGREE
  1  2 == EXPUNGEMENT.
  1  3    Upon the expiration of two years following conviction for
  1  4 theft in the fifth degree in violation of section 714.2, a
  1  5 person may petition the court to exonerate the person of the
  1  6 conviction, if any fine and restitution have been paid, and if
  1  7 the person has had no other criminal convictions, other than
  1  8 simple misdemeanor violations of chapter 321 during the
  1  9 two=year period.  The court shall enter an order exonerating
  1 10 the person of the conviction, and order that the record of the
  1 11 conviction be expunged by the clerk of the district court and
  1 12 the person shall be deemed exonerated of the offense as a
  1 13 matter of law, if any fine and restitution have been paid, and
  1 14 if the person has had no other criminal convictions, other
  1 15 than simple misdemeanor violations of chapter 321.
  1 16                           EXPLANATION
  1 17    This bill relates to expunging a record of conviction for a
  1 18 theft in the fifth degree offense.
  1 19    The bill provides that upon the expiration of two years
  1 20 from the date of conviction for theft in the fifth degree, a
  1 21 person may petition the court to exonerate the person of the
  1 22 conviction, if any fine and restitution have been paid, and if
  1 23 the person has had no other criminal convictions other than
  1 24 simple misdemeanor violations of Code chapter 321 during the
  1 25 two=year period.  The court shall enter an order exonerating
  1 26 the person of the conviction, and order the record expunged by
  1 27 the clerk of the district court, if any fine and restitution
  1 28 have been paid, and if the person has had no other criminal
  1 29 convictions, other than simple misdemeanor violations of Code
  1 30 chapter 321.
  1 31 LSB 2836SC 82
  1 32 jm:rj/je/5