House File 351 - Introduced HOUSE FILE 351 BY MOHR A BILL FOR An Act relating to the expungement of a deferred judgment upon 1 a person’s discharge from probation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2309YH (2) 88 as/rh

H.F. 351 Section 1. Section 907.9, subsection 4, paragraph b, Code 1 2019, is amended to read as follows: 2 b. Upon discharge from probation, if judgment has been 3 deferred under section 907.3 , the court’s criminal record with 4 reference to the deferred judgment, any counts dismissed by the 5 court, which were contained in the indictment, information, 6 or complaint that resulted in the deferred judgment, and 7 any other related charges that were not contained in the 8 indictment, information, or complaint but were dismissed, shall 9 be expunged. However, the court’s record shall not be expunged 10 until the person has paid the restitution, civil penalties, 11 court costs, fees, or other financial obligations ordered by 12 the court or assessed by the clerk of the district court in the 13 case that includes the deferred judgment. The expunged record 14 shall be sealed by the court and is a confidential record 15 exempt from public access under section 22.7 but shall be made 16 available by the clerk of the district court, upon request and 17 without court order, to an agency or person granted access to 18 the deferred judgment docket under section 907.4, subsection 19 2 . The court’s record shall not be expunged in any other 20 circumstances unless authorized by law. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the expungement of a deferred judgment 25 upon a person’s discharge from probation. 26 Under current law, if a judgment in a criminal case has 27 been deferred, any counts dismissed by the court, which were 28 contained in the indictment, information, or complaint that 29 resulted in the deferred judgment, and any other related 30 charges that were not contained in the indictment, information, 31 or complaint but were dismissed, shall be expunged and the 32 expunged record is a confidential record but shall be made 33 available by the clerk of the district court, upon request and 34 without court order, to an agency or person granted access to 35 -1- LSB 2309YH (2) 88 as/rh 1/ 2

H.F. 351 the deferred judgment docket. 1 The bill requires the expunged record to be sealed by the 2 court subject to the same confidentiality restrictions in 3 current law. 4 -2- LSB 2309YH (2) 88 as/rh 2/ 2