House File 2262 - Introduced HOUSE FILE 2262 BY WOLFE A BILL FOR An Act relating to the removal of charge records from the 1 Iowa court information system and the expungement of such 2 records. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5949HH (3) 85 jm/rj
H.F. 2262 Section 1. NEW SECTION . 901C.1 Not guilty verdicts and 1 dismissals —— expungement. 2 1. When a person is found not guilty of a charge or when a 3 charge is dismissed against a person, except if the charge is 4 subject to section 907.4, the state court administrator shall 5 cause the records of the charge to be removed from the Iowa 6 court information system so that the charge records are not 7 available to the general public. 8 2. Within one year of the person being found not guilty of a 9 charge or when a charge is dismissed against the person, except 10 as provided in section 907.9, the charge shall be expunged by 11 the clerk of the district court. For purposes of this section, 12 “expunged” means the same as provided in section 907.1. 13 Sec. 2. Section 907.9, subsection 4, paragraph c, 14 unnumbered paragraph 1, Code 2014, is amended to read as 15 follows: 16 A Except as provided in section 901C.1, a dismissed count or 17 related charge shall be expunged pursuant to the provisions of 18 paragraph “b” in the following manner: 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 relates to the removal of charge records from 23 the Iowa court information system and the expungement of such 24 records. 25 The bill directs the state court administrator to remove 26 charge records from the Iowa court information system that is 27 available to the general public if a person is found not guilty 28 of that charge or that charge is dismissed, unless the charge 29 is subject to the expungement provisions of Code section 907.9. 30 The bill specifies that within one year of a person being 31 found not guilty of a charge or when a charge is dismissed 32 against the person, the charge shall be expunged by the clerk 33 of the district court, unless the charge is subject to the 34 expungement provisions of Code section 907.9. 35 -1- LSB 5949HH (3) 85 jm/rj 1/ 2
H.F. 2262 Code section 907.1 defines “expunged” to mean the court’s 1 criminal record with reference to a deferred judgment or any 2 other criminal record that has been segregated in a secure area 3 or database which is exempted from public access. 4 -2- LSB 5949HH (3) 85 jm/rj 2/ 2