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