HF 238 (LSB 1092YH (4) 87)

HOUSE FILE 238

BY  OLSON

A BILL FOR

An Act relating to the expungement of simple misdemeanors and of violations of similar local ordinances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.46, subsection 6, Code 2017, is amended by striking the subsection.
    Sec. 2.  Section 123.47, subsection 8, Code 2017, is amended by striking the subsection.
    Sec. 3.  NEW SECTION.  901C.3  Simple misdemeanor and similar local ordinance violations —— expungement.

   1.  Upon the expiration of two years following a person’s conviction of a simple misdemeanor or violation of any similar local ordinance, the person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law.
   2.  The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, the clerk of the district court shall send a receipt of notice to the department of public safety that a record of conviction of a simple misdemeanor or a violation of a similar local ordinance has been expunged, and the record of conviction shall be removed from the criminal history data files maintained by the department if such a record was maintained in its criminal history data files.
   3.  An expunged conviction shall not be considered a prior offense for purposes of enhancement unless the new violation occurred prior to entry of the order of expungement.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the expungement of simple misdemeanors and violations of similar local ordinances.
   The bill strikes the expungement process under Code sections 123.46(6) and 123.47(8) that relate to simple misdemeanor alcohol consumption offenses and local ordinances that arise out of the same transaction or occurrence as the simple misdemeanor and replaces such processes with the expungement process under the bill. 
   The expungement process under the bill provides that upon the expiration of two years following conviction of a simple misdemeanor or conviction for a violation of a similar local ordinance, a person may petition the court to expunge the conviction if the person has no other criminal convictions, other than local traffic violations or simple misdemeanor violations of Code chapter 321 during the two-year period, and the conviction shall be expunged as a matter of law. The bill also provides that the clerk of the district court shall send a receipt of notice to the department of public safety that a record of conviction of a simple misdemeanor or a violation of a similar local ordinance has been expunged, and the record of conviction shall be removed from the criminal history data files maintained by the department if such a record was maintained in its criminal history data files.
   The bill also provides that an expunged conviction shall not be considered a prior offense for purposes of enhancement unless the new violation occurred prior to entry of the order of expungement.