H.F. 38 Section 1. Section 232.150, subsection 1, paragraph a, 1 subparagraph (2), Code 2021, is amended to read as follows: 2 (2) The person has not been subsequently convicted of a 3 felony or an aggravated or serious misdemeanor or adjudicated 4 a delinquent child for an act which if committed by an 5 adult would be a felony , an aggravated misdemeanor, or a 6 serious misdemeanor and no proceeding is pending seeking such 7 conviction or adjudication. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to the sealing of juvenile records. 12 Current law provides that the juvenile court, after a 13 sealing of records hearing, shall order the official juvenile 14 court records in the case sealed if the court finds all of 15 the following: the person is 18 years of age or older and 16 two years have elapsed since the last official action in the 17 person’s case; the person has not been subsequently convicted 18 of a felony or an aggravated or serious misdemeanor or 19 adjudicated a delinquent child for an act which if committed 20 by an adult would be a felony, an aggravated misdemeanor, or 21 a serious misdemeanor and no proceeding is pending seeking 22 such conviction or adjudication; the person was not placed on 23 youthful offender status, transferred back to district court 24 after the youthful offender’s 18th birthday, and sentenced for 25 the offense which precipitated the youthful offender placement; 26 and the person was not adjudicated delinquent on an offense 27 involving a violation of Code section 321J.2 (operating while 28 under the influence of alcohol or a drug or while having an 29 alcohol concentration of .08 or more). 30 The bill eliminates subsequent aggravated or serious 31 misdemeanor or delinquency adjudications from the list of the 32 types of criminal offenses that prevent the court from sealing 33 a juvenile delinquency record. 34 -1- LSB 1603HH (1) 89 as/rh 1/ 1