HF 232 (LSB 1883YH (2) 86)

HOUSE FILE 232

BY  DAWSON

A BILL FOR

An Act relating to expungement of a conviction of theft in the fifth degree.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  Upon the expiration of two years following a conviction for a violation of subsection 5, a person who was under the age of twenty-one at the time of a violation may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 5, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under applicable state law unless a new violation occurred prior to entry of the order of expungement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill allows a person who is under the age of 21 at the time the person commits an offense of theft in the fifth degree to have the conviction of theft in the fifth degree expunged, if the person has no other criminal convictions other than simple misdemeanor violations of Code chapter 321. The bill requires the district court to instruct the clerk of the district court to expunge the record of conviction, and the record of conviction shall be removed from the criminal history files maintained by the department of public safety.
   The bill also provides that the expunged conviction shall not be considered a prior offense for purposes of enhancement unless a new violation occurred before the conviction is expunged.