Senate
File
44
-
Introduced
SENATE
FILE
44
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
the
expungement
of
violations
of
local
1
ordinances.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
901C.3
Local
ordinance
——
1
expungement.
2
Upon
the
expiration
of
two
years
following
conviction
for
3
a
violation
of
any
local
ordinance,
a
person
may
petition
the
4
court
to
expunge
the
conviction,
and
if
the
person
has
had
no
5
other
criminal
convictions,
other
than
local
traffic
violations
6
or
simple
misdemeanor
violations
of
chapter
321
during
the
7
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
8
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
9
conviction
be
expunged
by
the
clerk
of
the
district
court.
10
Notwithstanding
section
692.2,
the
clerk
of
the
district
court
11
shall
send
a
receipt
of
notice
that
a
record
of
conviction
has
12
been
expunged
for
a
violation
of
a
local
ordinance
if
a
record
13
of
conviction
is
maintained
by
the
department
of
public
safety,
14
and
the
record
of
conviction
shall
be
removed
from
the
criminal
15
history
data
files
maintained
by
the
department
of
public
16
safety.
An
expunged
conviction
shall
not
be
considered
a
prior
17
offense
for
purposes
of
enhancement
unless
the
new
violation
18
occurred
prior
to
entry
of
the
order
of
expungement.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
expungement
of
violations
of
a
local
23
ordinance.
24
The
expungement
process
under
the
bill
provides
that
25
upon
the
expiration
of
two
years
following
conviction
for
a
26
violation
of
a
local
ordinance,
a
person
may
petition
the
27
court
to
expunge
the
conviction
if
the
person
has
no
other
28
criminal
convictions,
other
than
local
traffic
violations
or
29
simple
misdemeanor
violations
of
Code
chapter
321
during
the
30
two-year
period,
and
the
conviction
shall
be
expunged
as
a
31
matter
of
law.
The
bill
also
provides
that
the
clerk
of
the
32
district
court
shall
send
a
receipt
of
notice
that
a
record
33
of
conviction
has
been
expunged
for
a
violation
of
a
local
34
ordinance
if
a
record
of
conviction
is
maintained
by
the
35
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44
department
of
public
safety,
and
the
record
of
conviction
shall
1
be
removed
from
the
criminal
history
data
files
maintained
by
2
the
department
of
public
safety.
3
The
bill
also
provides
that
an
expunged
conviction
shall
4
not
be
considered
a
prior
offense
for
purposes
of
enhancement
5
unless
the
new
violation
occurred
prior
to
entry
of
the
order
6
of
expungement.
7
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