House File 2452 - Introduced HOUSE FILE 2452 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2066) 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 5203HV (4) 87 jm/rh

H.F. 2452 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 the 7 conviction, the defendant has not been subsequently convicted 8 of or granted a deferred judgment for any criminal offense, 9 and the defendant is not currently charged with any criminal 10 offense. 11 b. More than ten years have passed since the date of the 12 conviction, the defendant has not been subsequently convicted 13 of or granted a deferred judgment for a felony offense, and the 14 defendant is not currently charged with any criminal offense. 15 2. This section shall not apply to a conviction that is a 16 conviction for a misdemeanor crime of domestic violence and a 17 simple misdemeanor conviction entered under section 123.46, 18 123.47, subsection 3, or 708.2A, or chapter 321 or 321J. 19 3. An expungement entered under this section shall not 20 be considered an expungement for purposes of 18 U.S.C. 21 §921(a)(33)(B)(ii) or section 724.26, and shall not provide 22 relief from any state or federal firearm disability associated 23 with the expunged conviction. 24 4. Notwithstanding section 692.2, after receipt of 25 notice from the clerk of the district court that a record of 26 conviction has been expunged, the record of conviction shall be 27 removed from the criminal history data files maintained by the 28 department of public safety, if such a record is maintained in 29 the criminal history data files. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the expungement of a simple misdemeanor 34 offense. 35 -1- LSB 5203HV (4) 87 jm/rh 1/ 2

H.F. 2452 The term “expunged” means the court’s criminal record with 1 reference to a deferred judgment or any other criminal record 2 that has been segregated in a secure area or database which is 3 exempt from public access. 4 The bill provides that upon the application of a defendant 5 convicted of a simple misdemeanor, the court shall enter an 6 order expunging the record of such criminal case as a matter of 7 law if the defendant has established that more than five years 8 have passed since the date of the conviction; the defendant 9 has not been subsequently convicted of or granted a deferred 10 judgment for any criminal offense; and the defendant is not 11 currently charged with any criminal offense or more than 12 10 years have passed since the date of the conviction; the 13 defendant has not been subsequently convicted of or granted a 14 deferred judgment for a felony offense; and the defendant is 15 not currently charged with any criminal offense. 16 The bill does not apply to a misdemeanor crime of domestic 17 violence and simple misdemeanor convictions under Code section 18 123.46 (consumption or intoxication in public place), or 19 123.47(3) (alcohol consumption by persons under legal age) 20 because expungement procedures already exist for such offenses. 21 The bill applies to a simple misdemeanor conviction that 22 occurs prior to, on, or after July 1, 2018. 23 The bill also provides that, notwithstanding Code section 24 692.2 (dissemination of criminal history data) after receipt 25 of notice from the clerk of the district court that a record of 26 conviction has been expunged, the record of conviction shall be 27 removed from the criminal history data files maintained by the 28 department of public safety if such a record was maintained in 29 the criminal history data files. 30 -2- LSB 5203HV (4) 87 jm/rh 2/ 2