House File 205 - Introduced HOUSE FILE 205 BY WOLFE A BILL FOR An Act relating to the expungement of a dismissal or acquittal 1 of a criminal charge. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1570HH (3) 85 jm/rj

H.F. 205 Section 1. NEW SECTION . 901C.1 Expungement of dismissals 1 and acquittals. 2 1. After the dismissal or acquittal of all charges arising 3 from the same incident, the court’s criminal record relating 4 to the dismissal or acquittal of all charges arising from 5 the same incident shall be expunged. However, the court’s 6 criminal record shall not be expunged until one year after the 7 date of the latest dismissal or acquittal or the person has 8 paid the costs, fees, or other financial obligations ordered 9 by the court or assessed by the clerk of the district court 10 in the case, whichever is later. The expunged record is a 11 confidential record exempt from public access under section 12 22.7 but shall be made available by the clerk of the district 13 court, upon request and without court order, to an agency or 14 person granted access to the deferred judgment docket under 15 section 907.4, subsection 2. 16 2. The provisions of this section apply to a dismissal or 17 acquittal of a charge for an offense committed on or after July 18 1, 2013. 19 EXPLANATION 20 This bill relates to the expungement of a dismissal or 21 acquittal of a criminal charge. 22 After a dismissal or acquittal of all criminal charges 23 arising from the same incident, the bill requires the court’s 24 criminal record relating to all of the dismissed or acquitted 25 charges to be expunged. However, the court’s record shall not 26 be expunged under the bill until the latter of one year after 27 the date of the latest dismissal or acquittal or the person has 28 paid the costs, fees, or other financial obligations ordered 29 by the court or assessed by the clerk of the district court in 30 the case. 31 The bill specifies that the expunged record is a 32 confidential record exempt from public access under Code 33 section 22.7 but shall be made available by the clerk of the 34 district court, upon request and without court order, to an 35 -1- LSB 1570HH (3) 85 jm/rj 1/ 2

H.F. 205 agency or person granted access to the deferred judgment docket 1 under Code section 907.4, subsection 2. 2 The bill only applies to a dismissal or acquittal of a 3 criminal charge for an offense committed on or after July 1, 4 2013. 5 -2- LSB 1570HH (3) 85 jm/rj 2/ 2