Senate File 2293 - Introduced SENATE FILE 2293 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3166) A BILL FOR An Act relating to expunging convictions of certain criminal 1 offenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5188SV (2) 83 jm/rj

S.F. 2293 Section 1. Section 123.46, subsection 5, Code 2009, is 1 amended to read as follows: 2 5. Upon the expiration of two years following conviction 3 for a violation of this section, a person may petition the 4 court to exonerate the person of expunge the conviction, and 5 if the person has had no other criminal convictions, other 6 than simple misdemeanor violations of chapter 321 during the 7 two-year period, the person shall be deemed exonerated of 8 the offense conviction shall be expunged as a matter of law. 9 The court shall enter an order exonerating the person of the 10 conviction, and ordering that the record of the conviction be 11 expunged by the clerk of the district court. Notwithstanding 12 section 692.2, after receipt of notice from the clerk of the 13 district court that a record of conviction has been expunged, 14 the record of conviction shall be removed from the criminal 15 history data files maintained by the department of public 16 safety. 17 Sec. 2. Section 123.47, Code 2009, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 7. Upon the expiration of two years 20 following conviction for a violation of subsection 2 or of a 21 similar local ordinance, a person may petition the court to 22 expunge the conviction, and if the person has had no other 23 criminal convictions, other than local traffic violations 24 or simple misdemeanor violations of chapter 321 during the 25 two-year period, the conviction shall be expunged as a matter 26 of law. The court shall enter an order that the record of the 27 conviction be expunged by the clerk of the district court. 28 Notwithstanding section 692.2, after receipt of notice from 29 the clerk of the district court that a record of conviction 30 has been expunged for a violation of subsection 2, the record 31 of conviction shall be removed from the criminal history data 32 files maintained by the department of public safety. An 33 expunged conviction shall not be considered a prior offense for 34 purposes of enhancement under subsection 3 or under a local 35 -1- LSB 5188SV (2) 83 jm/rj 1/ 2

S.F. 2293 ordinance unless the new violation occurred prior to entry of 1 the order of expungement. 2 EXPLANATION 3 This bill relates to expunging certain criminal convictions. 4 The bill modifies provisions relating to expunging the 5 record of a conviction for public intoxication after two 6 years. Under the bill, two years after conviction for public 7 intoxication a person may petition the court to expunge the 8 record of the conviction if the person has not had other 9 criminal convictions other than simple misdemeanor violations 10 of Code chapter 321 during the two-year period. If the record 11 of conviction is expunged, the bill requires the department 12 of public safety to remove the record of conviction from the 13 criminal history data files of the department. Currently, a 14 person may petition the court to exonerate the person and have 15 the court enter an order exonerating the person as a matter of 16 law. 17 The bill establishes a similar expungement provision for 18 possessing, purchasing, or attempting to purchase alcohol 19 under legal age and for similar local ordinances. Under the 20 bill, two years after conviction for possessing, purchasing, 21 or attempting to purchase alcohol under legal age or under a 22 similar local ordinance, a person may petition the court to 23 expunge the record of the conviction if the person has not had 24 other criminal convictions other than local traffic violations 25 or simple misdemeanor violations of Code chapter 321 during the 26 two-year period. If the record of conviction is expunged for 27 a state violation, the bill requires the department of public 28 safety to remove the record of conviction from the criminal 29 history data files of the department. The bill also provides 30 that the expunged conviction for possessing, purchasing, or 31 attempting to purchase alcohol or for a local ordinance shall 32 not be considered a prior offense for purposes of enhancement 33 under state law or under a local ordinance unless the new 34 violation occurred prior to entry of the order of expungement. 35 -2- LSB 5188SV (2) 83 jm/rj 2/ 2