HF 2379 (LSB 5626HV (2) 84)

HOUSE FILE 2379

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2157)

A BILL FOR

An Act relating to expunging certain criminal records. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.1, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Expunged” means the court’s criminal record with reference to a deferred judgment has been segregated in a secure area or database which is exempted from public access. 
    Sec. 2.  Section 907.4, Code Supplement 2011, is amended to read as follows:
   907.4  Deferred judgment docket.
   1.  A deferment of judgment under section 907.3 shall be entered promptly by the clerk of the district court, or the clerk’s designee, into the deferred judgment database of the state, which shall serve as the deferred judgment docket.

The deferred judgment docket shall be maintained by the state court administrator and shall not be destroyed. The docket shall contain a permanent record of the deferred judgment including the name and date of birth of the defendant, the district court docket number, the nature of the offense, and the date of the deferred judgment. Before granting deferred judgment in any case, the court shall search the deferred judgment docket and shall consider any prior record of a deferred judgment against the defendant.
   2.  The permanent record provided for in this section is a confidential record exempted from public access under section 22.7 and shall be available only to justices of the supreme court, judges of the court of appeals, district judges, district associate judges, judicial magistrates, clerks of the district court, judicial district departments of correctional services, county attorneys, the department of public safety, and the department of corrections requesting information pursuant to this section, or the designee of a justice, judge, magistrate, clerk, judicial district department of correctional services, or county attorney, or departments.
    Sec. 3.  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, any counts dismissed by the court, which were contained in the indictment, information, or complaint that resulted in the deferred judgment, and any other related charges that were not contained in the indictment, information, or complaint but were dismissed, shall be expunged. The record maintained by the state court administrator as required by section 907.4 shall not be expunged.However, the court’s 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 expunged record is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to an agency or person granted access to the deferred judgment docket under section 907.4, subsection 2. The court’s record shall not be expunged in any other circumstances unless authorized by law.
EXPLANATION
   This bill relates to expunging certain criminal records.
   The bill defines “expunged” to mean the court’s criminal record with reference to a deferred judgment has been segregated in a secure area or database exempt from public access.
   The bill specifies that the state court administrator shall maintain the deferred judgment docket which shall not be destroyed.
   Under the bill, upon the discharge of a person on probation for a deferred judgment, the court’s criminal record of any counts dismissed by the court, which were contained in the indictment, information, or complaint that resulted in the deferred judgment, and any other related charges that were not contained in the indictment, information, or complaint but were dismissed, shall be expunged in the same manner as the record of the deferred judgment is expunged.
   However, the bill specifies that the court’s record shall not be expunged until the person has paid the restitution costs and fees assessed in the case that includes the deferred judgement.
   The bill also specifies that an expunged record is a confidential record exempt from public access under Code section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to an agency or person granted access to the deferred judgment docket under Code section 907.4.