House File 2024 - Introduced HOUSE FILE 2024 BY WOLFE A BILL FOR An Act relating to the expungement of the criminal record for a 1 simple misdemeanor interference of official acts. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5184HH (4) 86 jm/rj
H.F. 2024 Section 1. Section 719.1, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. Upon the expiration of two years 3 following conviction for a violation of subsection 1, paragraph 4 “b” , or of a similar local ordinance, a person may petition the 5 court to expunge the conviction, and if the person has had no 6 other criminal convictions, other than local traffic violations 7 or 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 the 12 clerk of the district court that a record of conviction has 13 been expunged for a violation of subsection 1, paragraph “b” , 14 the record of conviction shall be removed from the criminal 15 history data files maintained by the department of public 16 safety. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the expungement of the criminal record 21 for a simple misdemeanor interference with official acts. 22 The bill provides that upon the expiration of two years 23 following a conviction for a violation of simple misdemeanor 24 interference with official acts, or of a similar local 25 ordinance, a person may petition the court to expunge the 26 conviction, and if the person has had no other criminal 27 convictions, other than local traffic violations or simple 28 misdemeanor violations of Code chapter 321 during the two-year 29 period, the conviction shall be expunged as a matter of law. 30 The bill further provides that the court shall enter an order 31 that the record of the conviction be expunged by the clerk of 32 the district court. 33 Upon receipt of from the clerk of the district court that 34 a record of conviction has been expunged for a violation of 35 -1- LSB 5184HH (4) 86 jm/rj 1/ 2
H.F. 2024 simple misdemeanor interference with official acts, the bill 1 requires that the record of conviction shall be removed from 2 the criminal history data files maintained by the department 3 of public safety. 4 A simple misdemeanor interference with official acts is 5 punishable by confinement for no more than 30 days or a fine of 6 at least $250 but not more than $625 or by both. 7 -2- LSB 5184HH (4) 86 jm/rj 2/ 2