HOUSE FILE 2158

BY  R. OLSON

A BILL FOR

An Act relating to deferred judgment records and associated court-ordered obligations in a criminal proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.9, subsection 4, Code 2011, is amended to read as follows:
   4.  At the expiration of the period of probation if the fees imposed under section 905.14 and court debt collected pursuant to section 602.8107 have been paid, the court shall order the discharge of the person from probation. If portions of the court debt remain unpaid, the person shall establish a payment plan with the clerk of the district court or the county attorney prior to the discharge. The court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person upon discharge. A person who has been discharged from probation shall no longer be held to answer for the person’s offense. Upon discharge from probation, if judgment has been deferred under section 907.3, the court’s criminal record with reference to the deferred judgment shall be expunged.

However, the record shall not be expunged until the person has paid the restitution, civil penalties, court costs, fines, fees, or other financial obligations ordered by the court or assessed by the clerk of the district court in the case that includes the deferred judgment. The record maintained by the state court administrator as required by section 907.4 shall not be expunged. The court’s record shall not be expunged in any other circumstances
 
unless authorized by law.
EXPLANATION
   This bill relates to deferred judgment records and associated court-ordered obligations in a criminal proceeding.
   Under the bill, a person who receives a deferred judgment shall not have the person’s criminal record in the case expunged until the person has paid the restitution, civil penalties, court costs, fines, fees, or other financial obligations in the deferred judgment case.
   Under current law, a person who receives a deferred judgment and who is discharged from probation shall have the criminal record in the deferred judgment case expunged.
   Under current law, a permanent record of a deferred judgment is maintained for use of prosecutorial, judicial, and correctional personnel only, pursuant to Code section 907.4, even if the record is expunged, in order to determine if a defendant has received a previous deferred judgment.