House File 397 - Introduced HOUSE FILE 397 BY R. OLSON and WOLFE A BILL FOR An Act relating to the dissemination of criminal history 1 data and expunging records relating to the dismissal of or 2 acquittal on a criminal charge. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1857HH (7) 84 jm/rj

H.F. 397 Section 1. Section 692.2, subsection 1, paragraph b, 1 subparagraphs (3) and (4), Code 2011, are amended to read as 2 follows: 3 (3) Criminal history data that does not contain any 4 disposition data after eighteen months from the date of 5 arrest may shall only be disseminated by the department to 6 criminal or juvenile justice agencies, to the person who is 7 the subject of the criminal history data or the person’s 8 attorney, or to a person requesting the criminal history data 9 with a signed release from the person who is the subject of 10 the criminal history data authorizing the requesting person 11 access to criminal history data in the same manner as retained 12 criminal history data relating to an acquittal or dismissal is 13 disseminated by the department . 14 (4) Upon receipt of official notification of the successful 15 completion of probation following a deferred judgment, criminal 16 history data regarding the person who successfully completed 17 the probation shall only be disseminated by the department to a 18 criminal or juvenile justice agency, to the person who is the 19 subject of the criminal history data or the person’s attorney, 20 or to another person with a signed release from the person who 21 is the subject of the criminal history data authorizing the 22 requesting person access to the criminal history data in the 23 same manner as retained criminal history data relating to an 24 acquittal or dismissal is disseminated by the department . 25 Sec. 2. NEW SECTION . 901C.1 Expunging records. 26 1. A person arrested or charged with a criminal offense may 27 petition the clerk of the district court, on a form prescribed 28 by the judicial branch, to expunge any records relating to 29 the arrest or the criminal charge if the criminal charge 30 is dismissed or a judgment of acquittal is entered for the 31 criminal offense. 32 2. Upon verification of the dismissal or acquittal, the 33 clerk of the district court shall expunge any records relating 34 to the arrest and the criminal offense and the judicial branch 35 -1- LSB 1857HH (7) 84 jm/rj 1/ 3

H.F. 397 shall remove the records from the Iowa court information 1 system. 2 3. A person is not eligible to have records expunged 3 pursuant to this section unless the person has paid all court 4 costs assessed relating to the records being sought to be 5 expunged. 6 EXPLANATION 7 This bill relates to disseminating criminal history data and 8 expunging arrest records and records relating to a criminal 9 charge. 10 The bill strikes a provision allowing a person who has 11 criminal history data that does not contain any disposition 12 data 18 months after the arrest to authorize access to the 13 criminal history data containing no disposition data. Code 14 section 692.1 defines “disposition data” to mean information 15 pertaining to a recorded court proceeding subsequent and 16 incidental to a public offense arrest and includes dismissal 17 of the charge, suspension, or deferral of sentence. The 18 bill provides that the criminal history data containing no 19 disposition data 18 months after the arrest shall only be 20 released in the same manner as retained criminal history data 21 related to an acquittal or dismissal is released. Code section 22 692.17 governs the retention of criminal history data related 23 to acquittals and dismissals by the department of public 24 safety. 25 The bill strikes a provision allowing a person who has 26 successfully completed a deferred judgment to authorize 27 access to the criminal history data of the person relating to 28 the deferred judgment. The bill provides that the criminal 29 history data related to the successful completion of a deferred 30 judgment shall only be released in the same manner as retained 31 criminal history data related to an acquittal or dismissal 32 is released. Code section 692.17 governs the retention of 33 criminal history data related to acquittals and dismissals by 34 the department of public safety. 35 -2- LSB 1857HH (7) 84 jm/rj 2/ 3

H.F. 397 The bill provides that a person arrested or charged with a 1 criminal offense may petition the clerk of the district court, 2 on a form prescribed by the judicial branch, to expunge any 3 records relating to the arrest or the criminal charge if the 4 criminal charge was dismissed or a judgment of acquittal was 5 entered for the charge. Upon verification that the charge was 6 dismissed or a judgment of acquittal was entered, the clerk of 7 the district court and the judicial branch shall expunge the 8 records relating to the arrest or the charge and remove the 9 expunged records from the Iowa court information system. 10 A person is not eligible to have records expunged by the 11 judicial branch unless the person has paid all court costs 12 assessed relating to the records being sought to be expunged. 13 -3- LSB 1857HH (7) 84 jm/rj 3/ 3