House
File
200
-
Introduced
HOUSE
FILE
200
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
expunging
criminal
records
upon
acquittal
or
1
dismissal.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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200
Section
1.
Section
602.8102,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
134A.
Carry
out
duties
relating
to
3
expunging
criminal
records
pursuant
to
section
901.11.
4
Sec.
2.
NEW
SECTION
.
901.11
Expunging
criminal
records.
5
1.
A
person
charged
with
a
criminal
offense
may
petition
the
6
court
to
expunge
any
records
relating
to
the
criminal
offense
7
if
the
criminal
charge
is
dismissed
or
a
judgment
of
acquittal
8
is
entered
for
the
offense.
Upon
verification
of
the
dismissal
9
or
acquittal,
the
court
shall
enter
an
order
expunging
the
10
records
relating
to
the
criminal
offense.
11
2.
Upon
receipt
of
the
expunging
order,
the
clerk
of
the
12
district
court
shall
expunge
the
records
relating
to
the
13
criminal
offense
from
the
records
of
the
judicial
branch
and
14
remove
the
records
from
the
Iowa
court
information
system.
15
EXPLANATION
16
This
bill
relates
to
expunging
criminal
records
upon
17
dismissal
or
acquittal.
18
The
bill
provides
that
a
person
charged
with
a
criminal
19
offense
may
petition
the
court
to
expunge
the
records
relating
20
to
the
offense
if
the
criminal
charge
is
dismissed
or
a
21
judgment
of
acquittal
is
entered
for
the
offense.
Upon
22
verification
of
the
dismissal
or
acquittal,
the
bill
requires
23
the
court
to
enter
an
order
expunging
the
records
relating
to
24
the
criminal
offense.
25
Upon
receipt
of
the
expunging
order,
the
bill
requires
the
26
clerk
of
the
district
court
to
expunge
the
records
relating
to
27
the
criminal
offense
from
the
records
of
the
judicial
branch
28
and
remove
the
records
from
the
Iowa
court
information
system.
29
Code
section
692.17(1)
generally
requires
that
the
criminal
30
history
records
of
the
department
of
public
safety
relating
31
to
a
dismissal
or
acquittal
be
removed
from
records
of
the
32
department.
33
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