House File 702 - Introduced HOUSE FILE 702 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 351) 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 2309HV (2) 88 as/rh

H.F. 702 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 . A court record expunged pursuant to this paragraph shall 20 not be released by the division of criminal investigation of 21 the department of public safety to any private party conducting 22 a criminal history background check. The court’s record shall 23 not be expunged in any other circumstances unless authorized 24 by law. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the expungement of a deferred judgment 29 upon a person’s discharge from probation. 30 Under current law, Code section 907.9 provides that 31 if a judgment in a criminal case has been deferred, any 32 counts dismissed by the court, which were contained in the 33 indictment, information, or complaint that resulted in the 34 deferred judgment, and any other related charges that were not 35 -1- LSB 2309HV (2) 88 as/rh 1/ 2

H.F. 702 contained in the indictment, information, or complaint but 1 were dismissed, shall be expunged and the expunged record is a 2 confidential record but shall be made available by the clerk 3 of the district court, upon request and without court order, 4 to an agency or person granted access to the deferred judgment 5 docket. 6 The bill requires the expunged record to be sealed by the 7 court subject to the same confidentiality restrictions in 8 current law. 9 The bill provides that a court record expunged pursuant to 10 Code section 907.9 shall not be released by the division of 11 criminal investigation of the department of public safety to 12 any private party conducting a criminal history background 13 check. 14 -2- LSB 2309HV (2) 88 as/rh 2/ 2