H.F. 223 Section 1. NEW SECTION . 901C.4 Nonviolent class “D” felony 1 —— expungement. 2 1. Upon application of a defendant convicted of a nonviolent 3 class “D” felony offense filed in the county where the 4 conviction occurred, the court shall enter an order expunging 5 the record of such a criminal case if the defendant has proven 6 all of the following: 7 a. More than ten years have passed since the discharge of 8 the defendant’s sentence. 9 b. All conditions of the defendant’s parole or probation 10 have been satisfied. 11 c. The defendant has paid all court costs, fees, fines, 12 restitution, and any other financial obligations ordered by the 13 court or assessed by the clerk of the district court. 14 d. The defendant has not previously been granted a deferred 15 judgment for a prior felony. 16 e. The defendant has not been convicted of or received a 17 deferred judgment for a felony offense committed subsequent to 18 the conviction for which the defendant is seeking expungement. 19 f. The defendant has not been convicted of or received 20 a deferred judgment for a misdemeanor offense of violence 21 committed subsequent to the conviction for which the defendant 22 is seeking expungement. 23 g. The defendant is not currently incarcerated or serving a 24 period of probation for any criminal offense, and the defendant 25 has no pending criminal charges. 26 h. The defendant is not required to register as a sex 27 offender under chapter 692A. 28 2. The following class “D” felonies shall not be expunged: 29 a. A conviction for assault under section 708.2, subsection 30 4. 31 b. A conviction of domestic abuse assault under section 32 708.2A, subsection 4 or 5. 33 c. A conviction for assault in violation of individual 34 rights under section 708.2C, subsection 2 or 4. 35 -1- LSB 1302YH (4) 89 as/rh 1/ 6

H.F. 223 d. A conviction for assault while participating in a felony 1 under section 708.3, subsection 2. 2 e. A conviction for an assault on persons engaged in certain 3 occupations under section 708.3A, subsection 1 or 2. 4 f. A conviction for inmate assault under section 708.3B. 5 g. A conviction for willful injury under section 708.4, 6 subsection 2. 7 h. A conviction for administering harmful substances under 8 section 708.5. 9 i. A conviction for intimidation with a dangerous weapon 10 under section 708.6, subsection 2. 11 j. A conviction for going armed with intent under section 12 708.8. 13 k. A conviction for stalking under section 708.11, 14 subsection 3, paragraph “b” . 15 l. A conviction for removal of an officer’s communication or 16 control device under section 708.12, subsection 3, paragraph 17 “f” . 18 m. A conviction for disarming a peace officer of a dangerous 19 weapon under section 708.13, subsection 2. 20 n. A conviction for female genital mutilation under section 21 708.16, subsection 1 or 4. 22 o. A conviction for threat of terrorism under section 23 708A.5. 24 p. A conviction for lascivious acts with a child under 25 section 709.8, subsection 1, paragraph “d” or “e” . 26 q. A conviction for assault with intent to commit sexual 27 abuse under section 709.11, subsection 2. 28 r. A conviction for sexual exploitation by a counselor, 29 therapist, or school employee under section 709.15, subsection 30 4, paragraph “a” , or under section 709.15, subsection 5, 31 paragraph “a” . 32 s. A conviction for human trafficking under section 710A.2. 33 t. A conviction for aggravated theft under section 711.3B, 34 subsection 2, paragraph “b” . 35 -2- LSB 1302YH (4) 89 as/rh 2/ 6

H.F. 223 u. A conviction for threats to place or attempts to place 1 any incendiary or explosive device or destructive substance 2 under section 712.8. 3 v. A conviction under prior law of an offense comparable to 4 an offense listed in this subsection. 5 3. The county attorney for the county in which the 6 conviction was entered shall be given notice of the 7 application, and an order of expungement shall not be entered 8 until the state has been given notice and the opportunity to 9 object on the grounds that the applicant does not satisfy all 10 of the conditions in subsection 1. 11 4. A person shall be granted an expungement of a record 12 under this section one time in the person’s lifetime. However, 13 the one application may request the expungement of records 14 relating to more than one nonviolent class “D” felony offense 15 if the nonviolent class “D” felony offenses arose from the same 16 transaction or occurrence, and the application contains the 17 nonviolent class “D” felony offenses to be expunged. 18 5. No order of expungement shall be entered until at least 19 thirty days after an application has been filed. 20 6. The expunged record under this section is a confidential 21 record exempt from public access under section 22.7 but shall 22 be made available by the clerk of the district court upon court 23 order. 24 7. Notwithstanding section 692.2, after receipt of 25 notice from the clerk of the district court that a record of 26 conviction has been expunged under subsection 1, the record 27 of conviction shall be removed from the criminal history data 28 files maintained by the department of public safety if such a 29 record was maintained in the criminal history data files. 30 8. The supreme court may prescribe rules governing the 31 procedures applicable to the expungement of a criminal case 32 under this section. 33 9. This section applies to a nonviolent class “D” felony 34 conviction that occurred prior to, on, or after July 1, 2021. 35 -3- LSB 1302YH (4) 89 as/rh 3/ 6

H.F. 223 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the expungement of certain nonviolent 4 class “D” felonies. 5 The bill provides that upon application of a defendant 6 convicted of a nonviolent class “D” felony offense filed in the 7 county where the conviction occurred, the court shall enter 8 an order expunging the record of such a criminal case if the 9 defendant has proven all of the following: more than 10 years 10 have passed since the discharge of the defendant’s sentence; 11 all conditions of the defendant’s parole or probation have been 12 satisfied; all court costs, fees, fines, restitution, and any 13 other financial obligations have been paid; the defendant has 14 not previously been granted a deferred judgment for a prior 15 felony; the defendant has not been convicted of or received a 16 deferred judgment for a felony offense committed subsequent to 17 the conviction for which the defendant is seeking expungement; 18 the defendant has not been convicted of or received a deferred 19 judgment for a misdemeanor offense of violence committed 20 subsequent to the conviction for which the defendant is seeking 21 expungement; the defendant is not currently incarcerated or 22 serving a period of probation for any criminal offense and has 23 no pending criminal charges; and the defendant is not required 24 to register as a sex offender under Code chapter 692A. 25 The bill provides that a conviction of the following class 26 “D” felonies are not eligible for expungement: assault under 27 Code section 708.2(4); domestic abuse assault under Code 28 section 708.2A(4) or (5); assault in violation of individual 29 rights under Code section 708.2C(2) or (4); assault while 30 participating in a felony under Code section 708.3(2); assault 31 on persons engaged in certain occupations under Code section 32 708.3A(1) or (2); inmate assault under Code section 708.3B; 33 willful injury under Code section 708.4(2); administering 34 harmful substances under Code section 708.5; intimidation with 35 -4- LSB 1302YH (4) 89 as/rh 4/ 6

H.F. 223 a dangerous weapon under Code section 708.6(2); going armed 1 with intent under Code section 708.8; stalking under Code 2 section 708.11(3)(b); removal of an officer’s communication 3 or control device under Code section 708.12(3)(f); disarming 4 a peace officer of a dangerous weapon under Code section 5 708.13(2); female genital mutilation under Code section 6 708.16(1) or (4); threat of terrorism under Code section 7 708A.5; lascivious acts with a child under Code section 8 709.8(1)(a) or (e); assault with intent to commit sexual 9 abuse under Code section 709.11(2); sexual exploitation by a 10 counselor, therapist, or school employee under Code section 11 709.15(4) or (5); human trafficking under Code section 710A.2; 12 aggravated theft under Code section 711.3B(2); and certain 13 threats under Code section 712.8. 14 The bill provides that the county attorney for the county in 15 which the conviction was entered shall be given notice of the 16 application, and an order of expungement shall not be entered 17 until the state has been given notice and the opportunity to 18 object on the grounds that the applicant does not satisfy 19 all of the conditions specified in the bill, and no order of 20 expungement shall be entered until at least 30 days after the 21 application has been filed. 22 The bill provides that a person can be granted an expungement 23 of a record under the bill one time in the person’s lifetime. 24 However, the one application may request the expungement of 25 records relating to more than one nonviolent class “D” felony 26 offense if the nonviolent class “D” felony offenses arose 27 from the same transaction or occurrence, and the application 28 contains the nonviolent class “D” felony offenses to be 29 expunged. 30 The bill provides that the expunged record is a confidential 31 record exempt from public but shall be made available by the 32 clerk of the district court upon court order. After receipt 33 of notice from the clerk of the district court that a record of 34 conviction has been expunged, the record of conviction shall be 35 -5- LSB 1302YH (4) 89 as/rh 5/ 6

H.F. 223 removed from the criminal history data files maintained by the 1 department of public safety if such a record was maintained in 2 the criminal history data files. 3 The bill provides that the supreme court may prescribe rules 4 governing the procedures applicable to the expungement of a 5 criminal case under this Code section. The bill applies to a 6 nonviolent class “D” felony conviction that occurred prior to, 7 on, or after July 1, 2021. 8 -6- LSB 1302YH (4) 89 as/rh 6/ 6