H.F. 2250 Section 1. Section 714.2, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. Upon the expiration of two years 3 following a conviction for a violation of subsection 5, a 4 person who was under the age of twenty-one at the time of a 5 violation may petition the court to expunge the conviction, 6 and if the person has had no other criminal convictions, other 7 than simple misdemeanor violations of chapter 321 during the 8 two-year period, the conviction shall be expunged as a matter 9 of law. The court shall enter an order that the record of the 10 conviction be expunged by the clerk of the district court. 11 Notwithstanding section 692.2, after receipt of notice from 12 the clerk of the district court that a record of conviction 13 has been expunged for a violation of subsection 5, the record 14 of conviction shall be removed from the criminal history data 15 files maintained by the department of public safety. An 16 expunged conviction shall not be considered a prior offense for 17 purposes of enhancement under applicable state law unless a new 18 violation occurred prior to entry of the order of expungement. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill allows a person who is under the age of 21 at 23 the time the person commits an offense of theft in the fifth 24 degree to have the conviction of theft in the fifth degree 25 expunged, if the person has no other criminal convictions other 26 than simple misdemeanor violations of Code chapter 321. The 27 bill requires the district court to instruct the clerk of the 28 district court to expunge the record of conviction, and the 29 record of conviction shall be removed from the criminal history 30 files maintained by the department of public safety. 31 The bill also provides that the expunged conviction shall 32 not be considered a prior offense for purposes of enhancement 33 unless a new violation occurred before the conviction is 34 expunged. 35 -1- LSB 5579YH (3) 85 jb/rj 1/ 1