House File 2066 - Introduced HOUSE FILE 2066 BY WOLFE A BILL FOR An Act relating to the expungement of simple misdemeanor 1 offenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5203YH (5) 87 jm/rh

H.F. 2066 Section 1. NEW SECTION . 901C.3 Simple misdemeanor —— 1 expungement. 2 1. Upon application of a defendant convicted of a simple 3 misdemeanor, the court shall enter an order expunging the 4 record of such criminal case as a matter of law if the court 5 finds the defendant has established any of the following: 6 a. More than five years have passed since the date of 7 the conviction, and the defendant has not been subsequently 8 convicted of or granted a deferred judgment for a criminal 9 offense. 10 b. More than ten years have passed since the date of 11 the conviction, and the defendant has not been subsequently 12 convicted of or granted a deferred judgment for a felony 13 offense. 14 2. This section shall not apply to a simple misdemeanor 15 conviction under section 123.46, 123.47, subsection 3, or 16 708.2A. 17 3. This section applies to a simple misdemeanor conviction 18 that occurred prior to, on, or after July 1, 2018. 19 4. Notwithstanding section 692.2, after receipt of 20 notice from the clerk of the district court that a record of 21 conviction has been expunged, the record of conviction shall be 22 removed from the criminal history data files maintained by the 23 department of public safety if such a record was maintained in 24 the criminal history data files. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the expungement of a simple misdemeanor 29 offense. 30 The term “expunged” means the court’s criminal record with 31 reference to a deferred judgment or any other criminal record 32 that has been segregated in a secure area or database which is 33 exempt from public access. 34 The bill provides that upon the application of a defendant 35 -1- LSB 5203YH (5) 87 jm/rh 1/ 2

H.F. 2066 convicted of a simple misdemeanor, the court shall enter an 1 order expunging the record of such criminal case as a matter 2 of law if the defendant has established that more than five 3 years have passed since the date of the conviction and the 4 defendant has not been subsequently convicted of or granted a 5 deferred judgment for a criminal offense or the defendant has 6 established that more than 10 years have passed since the date 7 of the conviction, and the defendant has not been subsequently 8 convicted of or granted a deferred judgment for a felony 9 offense. 10 The bill does not apply to simple misdemeanor convictions 11 under Code sections 123.46 (consumption or intoxication in 12 public place) and 123.47(3) (alcohol consumption by persons 13 under legal age) because expungement procedures already exist 14 for both offenses, and does not apply to simple misdemeanor 15 convictions for domestic abuse assault under Code section 16 708.2A. 17 The bill applies to a simple misdemeanor conviction that 18 occurs prior to, on, or after July 1, 2018. 19 The bill also provides that after receipt of notice from the 20 clerk of the district court that a record of conviction has 21 been expunged, the record of conviction shall be removed from 22 the criminal history data files maintained by the department of 23 public safety if such a record was maintained in the criminal 24 history data files. 25 -2- LSB 5203YH (5) 87 jm/rh 2/ 2