House File 356 - Introduced HOUSE FILE 356 BY OLSON A BILL FOR An Act relating to the expungement of convictions of state 1 criminal offenses for alcohol consumption in public, public 2 intoxication, simulated public intoxication, open container, 3 or similar local ordinance offenses. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1097YH (9) 87 jm/rj/rh

H.F. 356 Section 1. Section 123.46, subsection 6, Code 2017, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 6. Upon the expiration of two years following conviction for 4 a violation of this section or of a similar local ordinance, a 5 person may petition the court to expunge the conviction, and if 6 the person has had no other criminal convictions, other than 7 local traffic violations or simple misdemeanor violations of 8 chapter 321 during the two-year period, the conviction shall 9 be expunged as a matter of law. The court shall enter an order 10 that the record of the conviction be expunged by the clerk 11 of the district court. Notwithstanding section 692.2, after 12 receipt of notice from the clerk of the district court that a 13 record of conviction has been expunged for a violation of this 14 section, the record of conviction shall be removed from the 15 criminal history data files maintained by the department of 16 public safety. An expunged conviction shall not be considered 17 a prior offense for purposes of enhancement unless the new 18 violation occurred prior to entry of the order of expungement. 19 Sec. 2. Section 321.284, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 3. Upon the expiration of two years 22 following conviction for a violation of this section or of a 23 similar local ordinance, a person may petition the court to 24 expunge the conviction, and if the person has had no other 25 criminal convictions, other than local traffic violations 26 or simple misdemeanor violations of chapter 321 during the 27 two-year period, the conviction shall be expunged as a matter 28 of law. The court shall enter an order that the record of the 29 conviction be expunged by the clerk of the district court. 30 Notwithstanding section 692.2, after receipt of notice from 31 the clerk of the district court that a record of conviction 32 has been expunged for a violation of this section, the record 33 of conviction shall be removed from the criminal history data 34 files maintained by the department of public safety. An 35 -1- LSB 1097YH (9) 87 jm/rj/rh 1/ 3

H.F. 356 expunged conviction shall not be considered a prior offense for 1 purposes of enhancement unless the new violation occurred prior 2 to entry of the order of expungement. 3 Sec. 3. Section 321.284A, Code 2017, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 6. Upon the expiration of two years 6 following conviction for a violation of this section or of a 7 similar local ordinance, a person may petition the court to 8 expunge the conviction, and if the person has had no other 9 criminal convictions, other than local traffic violations 10 or simple misdemeanor violations of chapter 321 during the 11 two-year period, the conviction shall be expunged as a matter 12 of law. The court shall enter an order that the record of the 13 conviction be expunged by the clerk of the district court. 14 Notwithstanding section 692.2, after receipt of notice from 15 the clerk of the district court that a record of conviction 16 has been expunged for a violation of this section, the record 17 of conviction shall be removed from the criminal history data 18 files maintained by the department of public safety. An 19 expunged conviction shall not be considered a prior offense for 20 purposes of enhancement unless the new violation occurred prior 21 to entry of the order of expungement. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the expungement of state criminal 26 offenses for alcohol consumption in public, public 27 intoxication, simulated public intoxication, open container, or 28 similar local ordinance offenses. 29 The expungement process under the bill provides that upon 30 the expiration of two years following conviction for alcohol 31 consumption in public, public intoxication, simulated public 32 intoxication, open container by a driver, or open container 33 by a passenger, or a similar local ordinance, a person may 34 petition the court to expunge the conviction if the person 35 -2- LSB 1097YH (9) 87 jm/rj/rh 2/ 3

H.F. 356 has no other criminal convictions, other than local traffic 1 violations or simple misdemeanor violations of Code chapter 2 321 during the two-year period, and the conviction shall be 3 expunged as a matter of law. The bill further provides that 4 after receipt of notice from the clerk of the district court 5 that a record of conviction for consumption of alcohol in 6 public, public intoxication, simulated public intoxication, 7 open container by a driver, or open container by a passenger, 8 or similar local ordinance, the record of conviction shall be 9 removed from the criminal history data files maintained by the 10 department of public safety if such a record was maintained in 11 the criminal history data files. The bill also provides that 12 an expunged conviction shall not be considered a prior offense 13 for purposes of enhancement unless the new violation occurred 14 prior to entry of the order of expungement. 15 The current expungement process for a conviction for alcohol 16 consumption in public, public intoxication, or simulated public 17 intoxication, or for a local ordinance is very similar to the 18 new process in the bill, except that in order for a local 19 ordinance to be expunged under the current expungement process, 20 the local ordinance must arise out of the same transaction 21 or occurrence. In addition, the current expungement process 22 does not allow an expunged conviction to 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 An expungement process currently does not exist for open 26 container by a driver in violation of Code section 321.284 or 27 open container by a passenger in violation of Code section 28 321.284A. 29 -3- LSB 1097YH (9) 87 jm/rj/rh 3/ 3