S.F. 148 Section 1. NEW SECTION . 901C.1 Expungement of dismissals 1 and acquittals. 2 1. After a dismissal or acquittal of a charge, the court’s 3 criminal record relating to the dismissal or acquittal shall 4 be expunged as a matter of law. The court shall enter an 5 order directing the clerk of the district court to expunge the 6 court’s criminal record. 7 2. This section does not apply to a dismissed charge or an 8 acquittal of a charge if a deferred judgment was entered for a 9 charge related to the dismissal or acquittal and the provisions 10 of section 907.9, subsection 4, paragraph “b” , apply. 11 3. The provisions of this section apply to a dismissal or 12 acquittal of a charge for an offense committed on or after July 13 1, 2013. 14 EXPLANATION 15 This bill relates to the expungement of a dismissal or 16 acquittal of a criminal charge. 17 After a dismissal or acquittal of a criminal charge, the bill 18 requires the court’s criminal record relating to the dismissed 19 or acquitted charge to be expunged as a matter of law. The 20 bill specifies that the court shall enter an order directing 21 the clerk of the district court to expunge the court’s criminal 22 record. 23 The bill does not apply to the dismissal or acquittal 24 of a criminal charge if a deferred judgment was entered 25 for a charge related to the dismissed or acquitted charge 26 because expungement provisions are already in place for this 27 circumstance in Code section 907.9(4)(b). 28 The bill only applies to a dismissal or acquittal of a 29 criminal charge for an offense committed on or after July 1, 30 2013. 31 -1- LSB 1678XS (3) 85 jm/rj 1/ 1