Senate
File
434
-
Introduced
SENATE
FILE
434
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
292)
A
BILL
FOR
An
Act
relating
to
the
sealing
of
certain
criminal
offenders’
1
juvenile
delinquency
records.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1045SV
(2)
87
hb/rj
S.F.
434
Section
1.
Section
232.150,
subsection
1,
paragraph
b,
Code
1
2017,
is
amended
to
read
as
follows:
2
b.
If
the
person
was
adjudicated
delinquent
for
an
3
offense
which
if
committed
by
an
adult
would
be
an
aggravated
4
misdemeanor
or
a
felony,
the
court
shall
not
order
the
records
5
in
the
case
sealed
unless,
upon
application
of
the
person
or
6
upon
the
court’s
own
motion
and
after
hearing,
the
court
finds
7
that
any
of
the
following
apply:
8
(1)
That
paragraph
“a”
,
subparagraphs
(1)
and
(2),
apply
and
9
that
the
sealing
is
in
the
best
interests
of
the
person
and
the
10
public.
11
(2)
If
the
person
has
been
convicted
of
a
felony
or
12
an
aggravated
or
serious
misdemeanor
subsequent
to
the
13
adjudication,
that
ten
years
have
elapsed
since
the
conviction.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
the
sealing
of
juvenile
delinquency
18
records
for
certain
criminal
offenders.
19
Current
law
provides
that
a
person,
who
was
adjudicated
20
delinquent
for
an
offense
which
if
committed
by
an
adult
would
21
be
an
aggravated
misdemeanor
or
a
felony,
may
have
the
person’s
22
juvenile
delinquency
records
sealed,
if,
upon
the
application
23
of
the
person
or
the
court’s
motion
and
after
a
hearing,
the
24
court
finds
that
the
following
conditions
have
been
met:
the
25
person
is
at
least
18
years
of
age
and
two
years
have
elapsed
26
since
the
last
official
action
in
the
person’s
case,
that
the
27
person
has
not
been
subsequently
convicted
of
a
felony
or
an
28
aggravated
or
serious
misdemeanor
or
adjudicated
a
delinquent
29
child
for
an
act
which
if
committed
by
an
adult
would
be
a
30
felony,
an
aggravated
misdemeanor,
or
a
serious
misdemeanor
31
and
no
proceeding
is
pending
seeking
such
conviction
or
32
adjudication,
and
that
the
sealing
is
in
the
best
interest
of
33
the
person
and
the
public.
34
The
bill
amends
the
current
law
to
allow
the
sealing
of
35
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1/
2
S.F.
434
such
a
person’s
juvenile
delinquency
records,
without
meeting
1
the
conditions
set
out
above,
but
requiring
the
following
2
alternative
condition
of
a
person
who,
subsequent
to
the
3
juvenile
adjudication,
was
convicted
of
a
felony
or
an
4
aggravated
or
serious
misdemeanor
and
that
10
years
have
passed
5
since
the
person’s
conviction
for
the
felony
or
aggravated
or
6
serious
misdemeanor.
7
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(2)
87
hb/rj
2/
2