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
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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
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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.
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