House Study Bill 232 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    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 2631HC 83
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  Section 123.46, subsection 5, Code 2009, 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 five years following the conviction
  1  6 of a simple misdemeanor offense, a person may petition the
  1  7 court to exonerate the person of the simple misdemeanor
  1  8 conviction.  If the person has had no other criminal
  1  9 convictions, other than simple misdemeanor convictions under
  1 10 chapter 321, the person shall be deemed exonerated of the
  1 11 offense as a matter of law.  The court shall enter an order
  1 12 exonerating the person of the conviction, and order that the
  1 13 record of the conviction be expunged by the clerk of the
  1 14 district court.
  1 15    Sec. 3.  Section 907.9, subsection 4, Code 2009, is amended
  1 16 to read as follows:
  1 17    4.  At the expiration of the period of probation if the
  1 18 fees imposed under section 905.14 and court debt collected
  1 19 pursuant to section 602.8107 have been paid, the court shall
  1 20 order the discharge of the person from probation.  If portions
  1 21 of the court debt remain unpaid, the person shall establish a
  1 22 payment plan with the clerk of the district court or the
  1 23 county attorney prior to the discharge.  The court shall
  1 24 forward to the governor a recommendation for or against
  1 25 restoration of citizenship rights to that person upon
  1 26 discharge.  A person who has been discharged from probation
  1 27 shall no longer be held to answer for the person's offense.
  1 28 Upon discharge from probation, if judgment has been deferred
  1 29 under section 907.3, the court's criminal record with
  1 30 reference to the deferred judgment shall be expunged.  The
  1 31 record maintained by the state court administrator as required
  1 32 by section 907.4 shall not be expunged.  The court's record
  1 33 shall not be expunged in any other circumstances unless
  1 34 authorized by law.
  1 35                           EXPLANATION
  2  1    This bill relates to expunging the record of certain simple
  2  2 misdemeanor violations.
  2  3    The bill provides that after five years following the
  2  4 conviction of a person for a simple misdemeanor violation, the
  2  5 person may petition the court to exonerate the person of the
  2  6 simple misdemeanor conviction.  If the person has had no other
  2  7 criminal convictions, other than simple misdemeanor violations
  2  8 of Code chapter 321, the court shall enter an order
  2  9 exonerating the person of the conviction, and order the record
  2 10 of the conviction be expunged by the clerk of the district
  2 11 court.
  2 12    The bill strikes Code section 123.46(5), relating to
  2 13 expunging public intoxication convictions, in order to
  2 14 consolidate the provision in new Code section 901.11.
  2 15 LSB 2631HC 83
  2 16 jm/nh/8