House File 78 - Introduced HOUSE FILE 78 BY WOLFE , MEYER , WESSEL-KROESCHELL , GASKILL , McCONKEY , HUNTER , HEDDENS , STAED , PRICHARD , STECKMAN , KEARNS , STUTSMAN , BROWN-POWERS , THEDE , H. MILLER , BERRY , OURTH , BEARINGER , HANSON , ABDUL-SAMAD , WINCKLER , LENSING , GAINES , KRESSIG , FORBES , and T. TAYLOR A BILL FOR An Act relating to the expungement of not-guilty verdicts and 1 dismissed criminal-charge records. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1140YH (7) 86 jm/rj
H.F. 78 Section 1. NEW SECTION . 901C.1 Not-guilty verdicts and 1 criminal-charge dismissals —— expungement. 2 One year after a person has been found not guilty of a charge 3 or one year after a charge is dismissed against the person, 4 except as provided in section 907.9, the charge shall be 5 expunged by the clerk of the district court. For purposes of 6 this section, “expunged” means the same as provided in section 7 907.1. 8 Sec. 2. Section 907.9, subsection 4, paragraph c, 9 unnumbered paragraph 1, Code 2015, is amended to read as 10 follows: 11 A Except as provided in section 901C.1, a dismissed count or 12 related charge shall be expunged pursuant to the provisions of 13 paragraph “b” in the following manner: 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the expungement of not-guilty verdicts 18 and dismissed criminal-charge records. 19 The bill specifies that one year after a person has been 20 found not guilty of a charge or one year after a charge is 21 dismissed against the person, the charge shall be expunged by 22 the clerk of the district court, unless the charge is subject 23 to the expungement provisions of Code section 907.9. 24 Code section 907.1 defines “expunged” to mean that the 25 court’s criminal record with reference to a deferred judgment 26 or any other criminal record has been segregated in a secure 27 area or database which is exempted from public access. 28 -1- LSB 1140YH (7) 86 jm/rj 1/ 1