Senate File 2023 - Introduced SENATE FILE 2023 BY JOCHUM A BILL FOR An Act relating to the expungement of criminal offenses 1 for alcohol consumption in public, public intoxication, 2 simulated public intoxication, or similar local ordinances, 3 or when a finding of contempt has been entered. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5430XS (2) 86 jm/rj

S.F. 2023 Section 1. Section 123.46, subsection 6, Code 2016, is 1 amended to read as follows: 2 6. Upon the expiration of two years following conviction for 3 a violation of this section or of a similar local ordinance , a 4 person may petition the court to expunge the conviction, and if 5 the person has had no other criminal convictions, other than 6 local traffic violations or simple misdemeanor violations of 7 chapter 321 during the two-year period, the conviction shall 8 be expunged as a matter of law. The court shall enter an 9 order that the record of the conviction be expunged by the 10 clerk of the district court. Notwithstanding section 692.2 , 11 after receipt of notice from the clerk of the district court 12 that a record of conviction has been expunged, the record of 13 conviction shall be removed from the criminal history data 14 files maintained by the department of public safety if such a 15 record was maintained in the criminal history data files . 16 Sec. 2. Section 907.9, subsection 4, paragraph d, Code 2016, 17 is amended to read as follows: 18 d. A count or related charge that was dismissed shall not be 19 expunged pursuant to paragraph “c” in any case in which a count 20 or charge resulted in a conviction , not including a finding of 21 contempt, that was not expunged. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the expungement of criminal offenses 26 for alcohol consumption in public, public intoxication, 27 simulated public intoxication, or similar local ordinances, or 28 when a finding of contempt has been entered. 29 The expungement process under the bill provides that upon 30 the expiration of two years following conviction for alcohol 31 consumption in public, public intoxication, simulated public 32 intoxication, or similar local ordinance, a person may petition 33 the court to expunge the conviction if the person has had no 34 other criminal convictions, other than local traffic violations 35 -1- LSB 5430XS (2) 86 jm/rj 1/ 2

S.F. 2023 or simple misdemeanor violations of Code chapter 321 during 1 the two-year period, and the conviction shall be expunged as a 2 matter of law. The bill further provides that after receipt 3 of notice from the clerk of the district court that a record 4 of conviction for consumption of alcohol in public, public 5 intoxication, simulated public intoxication, or similar local 6 ordinance has been expunged, the record of conviction shall be 7 removed from the criminal history data files maintained by the 8 department of public safety if such a record was maintained in 9 the criminal history data files. 10 Current law provides that the court’s criminal record with 11 reference to a deferred judgment, any counts dismissed by the 12 court which were contained in the indictment, information, 13 or complaint that resulted in the deferred judgment, and 14 any other related charges that were not contained in the 15 indictment, information, or complaint but were dismissed, shall 16 be expunged, if the person has paid restitution and other 17 obligations. The amendment to Code section 907.9 provides 18 that finding a person in contempt shall not preclude that 19 person from expunging such records as long as no counts in the 20 indictment or information or any other charges related to the 21 deferred judgment resulted in a conviction. 22 -2- LSB 5430XS (2) 86 jm/rj 2/ 2