House
File
238
-
Introduced
HOUSE
FILE
238
BY
OLSON
A
BILL
FOR
An
Act
relating
to
the
expungement
of
simple
misdemeanors
and
1
of
violations
of
similar
local
ordinances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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238
Section
1.
Section
123.46,
subsection
6,
Code
2017,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
123.47,
subsection
8,
Code
2017,
is
amended
3
by
striking
the
subsection.
4
Sec.
3.
NEW
SECTION
.
901C.3
Simple
misdemeanor
and
similar
5
local
ordinance
violations
——
expungement.
6
1.
Upon
the
expiration
of
two
years
following
a
person’s
7
conviction
of
a
simple
misdemeanor
or
violation
of
any
similar
8
local
ordinance,
the
person
may
petition
the
court
to
expunge
9
the
conviction,
and
if
the
person
has
had
no
other
criminal
10
convictions,
other
than
local
traffic
violations
or
simple
11
misdemeanor
violations
of
chapter
321
during
the
two-year
12
period,
the
conviction
shall
be
expunged
as
a
matter
of
law.
13
2.
The
court
shall
enter
an
order
that
the
record
of
the
14
conviction
be
expunged
by
the
clerk
of
the
district
court.
15
Notwithstanding
section
692.2,
the
clerk
of
the
district
court
16
shall
send
a
receipt
of
notice
to
the
department
of
public
17
safety
that
a
record
of
conviction
of
a
simple
misdemeanor
or
a
18
violation
of
a
similar
local
ordinance
has
been
expunged,
and
19
the
record
of
conviction
shall
be
removed
from
the
criminal
20
history
data
files
maintained
by
the
department
if
such
a
21
record
was
maintained
in
its
criminal
history
data
files.
22
3.
An
expunged
conviction
shall
not
be
considered
a
prior
23
offense
for
purposes
of
enhancement
unless
the
new
violation
24
occurred
prior
to
entry
of
the
order
of
expungement.
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
simple
misdemeanors
29
and
violations
of
similar
local
ordinances.
30
The
bill
strikes
the
expungement
process
under
Code
sections
31
123.46(6)
and
123.47(8)
that
relate
to
simple
misdemeanor
32
alcohol
consumption
offenses
and
local
ordinances
that
arise
33
out
of
the
same
transaction
or
occurrence
as
the
simple
34
misdemeanor
and
replaces
such
processes
with
the
expungement
35
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process
under
the
bill.
1
The
expungement
process
under
the
bill
provides
that
upon
2
the
expiration
of
two
years
following
conviction
of
a
simple
3
misdemeanor
or
conviction
for
a
violation
of
a
similar
local
4
ordinance,
a
person
may
petition
the
court
to
expunge
the
5
conviction
if
the
person
has
no
other
criminal
convictions,
6
other
than
local
traffic
violations
or
simple
misdemeanor
7
violations
of
Code
chapter
321
during
the
two-year
period,
and
8
the
conviction
shall
be
expunged
as
a
matter
of
law.
The
bill
9
also
provides
that
the
clerk
of
the
district
court
shall
send
10
a
receipt
of
notice
to
the
department
of
public
safety
that
a
11
record
of
conviction
of
a
simple
misdemeanor
or
a
violation
of
12
a
similar
local
ordinance
has
been
expunged,
and
the
record
13
of
conviction
shall
be
removed
from
the
criminal
history
14
data
files
maintained
by
the
department
if
such
a
record
was
15
maintained
in
its
criminal
history
data
files.
16
The
bill
also
provides
that
an
expunged
conviction
shall
17
not
be
considered
a
prior
offense
for
purposes
of
enhancement
18
unless
the
new
violation
occurred
prior
to
entry
of
the
order
19
of
expungement.
20
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