HF 38 (LSB 1603HH (1) 89)

HOUSE FILE 38

BY  WOLFE

A BILL FOR

An Act relating to the sealing of juvenile delinquency records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.150, subsection 1, paragraph a, subparagraph (2), Code 2021, is amended to read as follows:
   (2)  The person has not been subsequently convicted of a felony or an aggravated or serious misdemeanor or adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or a serious misdemeanor and no proceeding is pending seeking such conviction or adjudication.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the sealing of juvenile records. 
   Current law provides that the juvenile court, after a sealing of records hearing, shall order the official juvenile court records in the case sealed if the court finds all of the following: the person is 18 years of age or older and two years have elapsed since the last official action in the person’s case; the person has not been subsequently convicted of a felony or an aggravated or serious misdemeanor or adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or a serious misdemeanor and no proceeding is pending seeking such conviction or adjudication; the person was not placed on youthful offender status, transferred back to district court after the youthful offender’s 18th birthday, and sentenced for the offense which precipitated the youthful offender placement; and the person was not adjudicated delinquent on an offense involving a violation of Code section 321J.2 (operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more). 
   The bill eliminates subsequent aggravated or serious misdemeanor or delinquency adjudications from the list of the types of criminal offenses that prevent the court from sealing a juvenile delinquency record.