Senate File 385 - Introduced SENATE FILE 385 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1110) A BILL FOR An Act relating to the expungement of not-guilty verdicts and 1 dismissed criminal-charge records, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1140SV (2) 86 jm/rj

S.F. 385 Section 1. NEW SECTION . 901C.1 Not-guilty verdicts and 1 criminal-charge dismissals —— expungement. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Expunge” and “expungement” mean the same as expunged in 5 section 907.1. 6 b. “Related case” means a separate criminal case that arises 7 from the same transaction or occurrence or from two or more 8 transactions or occurrences constituting parts of a common 9 scheme or plan that form the basis for a criminal case. 10 2. Upon application of a defendant to expunge the 11 record relating to the defendant in a criminal case or upon 12 application by the prosecutor in such a criminal case, or upon 13 the court’s own motion, the court shall expunge the record of 14 a criminal case containing one or more criminal charges in 15 which an acquittal was entered for all criminal charges or 16 all criminal charges were otherwise dismissed in the case, if 17 the court finds that the defendant has established all of the 18 following, as applicable: 19 a. All court costs, fees, and other financial obligations 20 ordered by the court or assessed by the clerk of the district 21 court have been paid. 22 b. The case was dismissed with prejudice or the case is 23 beyond the limitations for the commencement of criminal actions 24 as set forth in chapter 802. 25 c. (1) The defendant has not been charged with a crime in a 26 related case. 27 (2) If the defendant was charged with a crime in one or more 28 related cases, no charges are pending in a related case, the 29 defendant has not been convicted of a crime in a related case, 30 and the dismissal of the case was not part of a plea bargain. 31 d. (1) The case was not dismissed due to the defendant 32 being found not guilty by reason of insanity. 33 (2) The defendant was not found incompetent to stand trial. 34 e. All parties in the case had notice of the proposed 35 -1- LSB 1140SV (2) 86 jm/rj 1/ 4

S.F. 385 expungement and an opportunity to object. 1 3. The record in a criminal case expunged under this 2 section is a confidential record exempt from public access 3 under section 22.7 but shall be made available by the clerk of 4 the district court, upon request and without court order, to 5 the defendant or to an agency or person granted access to the 6 deferred judgment docket under section 907.4, subsection 2. 7 4. This chapter does not apply to dismissals related to a 8 deferred judgment under section 907.9. 9 5. This chapter applies to all public offenses. 10 6. The court shall advise the defendant of the provisions of 11 this chapter upon the acquittal of all criminal charges in a 12 case or upon the dismissal of all criminal charges in a case. 13 7. The supreme court shall prescribe rules governing the 14 procedures applicable to the expungement of the record of a 15 criminal case under this chapter. 16 Sec. 2. Section 907.9, subsection 4, paragraph c, 17 unnumbered paragraph 1, Code 2015, is amended to read as 18 follows: 19 A Except as provided in section 901C.1, a dismissed count or 20 related charge shall be expunged pursuant to the provisions of 21 paragraph “b” in the following manner: 22 Sec. 3. COURT RULES. The supreme court may prescribe rules 23 to implement this Act to be effective July 1, 2016. 24 Sec. 4. EFFECTIVE DATE. Except for the section of this Act 25 requiring the supreme court to prescribe rules to be effective 26 July 1, 2016, this Act takes effect July 1, 2016. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the expungement of not-guilty verdicts 31 and dismissed criminal-charge records. 32 The bill provides that upon application, the court shall 33 expunge the record of a criminal case containing one or 34 more criminal charges in which an acquittal was entered for 35 -2- LSB 1140SV (2) 86 jm/rj 2/ 4

S.F. 385 all criminal charges or all criminal charges were otherwise 1 dismissed in the case, if the court finds that the defendant 2 has established certain factors. 3 Prior to expungement, the bill requires that all court 4 costs, fees, and other financial obligations must have been 5 paid and that the case was dismissed with prejudice or the case 6 is beyond the limitations for commencement of criminal actions. 7 The bill requires that the person has not been charged with 8 a crime in a related case. However, if the person has been 9 charged in a related case, the bill requires that no charges 10 are pending in the related case, the person has not been 11 convicted of a crime in the related case, and the dismissal of 12 the case was not part of a plea bargain. The bill requires that 13 the case was not dismissed due to the defendant being found 14 not guilty by reason of insanity or being found incompetent to 15 stand trial in the case. The bill requires that all parties to 16 the case be notified of the proposed expungement and be granted 17 an opportunity to object. 18 The bill does not apply to dismissals related to a deferred 19 judgment under Code section 907.9 but does apply to all public 20 offenses. 21 The court is required to advise the person of the provisions 22 of the bill upon the acquittal of all criminal charges in a 23 case or upon the dismissal of all criminal charges. 24 The bill defines “expunged” to mean a criminal record has 25 been segregated in a secure area or database which is exempted 26 from public access. The bill also specifies that an expunged 27 record is a confidential record but shall be made available by 28 the clerk of the district court to an agency or person granted 29 access to the deferred judgment docket under Code section 30 907.4(2). 31 The bill defines “related case” to mean a separate criminal 32 case that arises from the same transaction or occurrence or 33 from two or more transactions or occurrences constituting parts 34 of a common scheme or plan that form the basis for a criminal 35 -3- LSB 1140SV (2) 86 jm/rj 3/ 4

S.F. 385 case. 1 The supreme court may prescribe rules to implement the bill. 2 Except for the section of the bill relating to the 3 prescribing of rules by the supreme court, the bill takes 4 effect on July 1, 2016. 5 -4- LSB 1140SV (2) 86 jm/rj 4/ 4