H.F. 2157 Section 1. Section 907.9, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. At the expiration of the period of probation if the 3 fees imposed under section 905.14 and court debt collected 4 pursuant to section 602.8107 have been paid, the court shall 5 order the discharge of the person from probation. If portions 6 of the court debt remain unpaid, the person shall establish a 7 payment plan with the clerk of the district court or the county 8 attorney prior to the discharge. The court shall forward to 9 the governor a recommendation for or against restoration of 10 citizenship rights to that person upon discharge. A person 11 who has been discharged from probation shall no longer be 12 held to answer for the person’s offense. Upon discharge 13 from probation, if judgment has been deferred under section 14 907.3 , the court’s criminal record with reference to the 15 deferred judgment , any counts dismissed by the court, which 16 were contained in the indictment, information, or complaint 17 that resulted in the deferred judgment, and any other related 18 charges that were not contained in the indictment, information, 19 or complaint but were dismissed, shall be expunged. The record 20 maintained by the state court administrator as required by 21 section 907.4 shall not be expunged. The court’s record shall 22 not be expunged in any other circumstances. 23 EXPLANATION 24 This bill relates to expunging certain criminal records. 25 Under the bill, upon the discharge of a person on probation 26 for a deferred judgment, the court’s criminal record of any 27 counts dismissed by the court, which were contained in the 28 indictment, information, or complaint that resulted in the 29 deferred judgment, and any other related charges that were not 30 contained in the indictment, information, or complaint but were 31 dismissed, shall be expunged in the same manner as the record 32 of the deferred judgment is expunged. 33 -1- LSB 5626HH (3) 84 jm/rj 1/ 1