House File 831 - Introduced HOUSE FILE 831 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 223) A BILL FOR An Act relating to the expungement of convictions for certain 1 nonviolent class “D” felonies, and related convictions, 2 and to the definition of a conviction relating to the 3 possession, receipt, and transportation of firearms, 4 offensive weapons, and ammunition. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1302HV (4) 89 as/rh

H.F. 831 Section 1. Section 724.25, Code 2021, is amended to read as 1 follows: 2 724.25 Felony , conviction, and antique firearm defined. 3 1. As used in section 724.26 , the word “felony” means 4 any offense punishable in the jurisdiction where it occurred 5 by imprisonment for a term exceeding one year, but does not 6 include any offense, other than an offense involving a firearm 7 or explosive, classified as a misdemeanor under the laws of the 8 state and punishable by a term of imprisonment of two years or 9 less. 10 2. As used in section 724.26, “conviction” does not include 11 any offense which has been expunged or for which a person 12 has been pardoned or has had the person’s rights restored 13 in accordance with section 724.27 unless such expungement, 14 pardon, or restoration expressly provides that the person shall 15 not ship, transport, possess, or receive firearms, offensive 16 weapons, or ammunition. 17 2. 3. As used in this chapter , an “antique firearm” 18 means any firearm, including any firearm with a matchlock, 19 flintlock, percussion cap, or similar type of ignition system, 20 manufactured in or before 1898. An antique firearm also 21 means a replica of a firearm so described if the replica is 22 not designed or redesigned for using rimfire or conventional 23 centerfire fixed ammunition or if the replica uses rimfire or 24 conventional centerfire fixed ammunition which is no longer 25 manufactured in the United States and which is not readily 26 available in the ordinary channels of commercial trade. 27 Sec. 2. NEW SECTION . 901C.4 Nonviolent class “D” felony —— 28 expungement. 29 1. Upon application of a defendant convicted of a nonviolent 30 class “D” felony offense filed in the county where the 31 conviction occurred, the court shall enter an order expunging 32 the record of such a criminal case if the defendant has proven 33 all of the following: 34 a. More than ten years have passed since the discharge of 35 -1- LSB 1302HV (4) 89 as/rh 1/ 7

H.F. 831 the defendant’s sentence. 1 b. All conditions of the defendant’s parole or probation 2 have been satisfied. 3 c. The defendant has paid all court costs, fees, fines, 4 restitution, and any other financial obligations ordered by the 5 court or assessed by the clerk of the district court. 6 d. The defendant has not previously been granted a deferred 7 judgment for a prior felony. 8 e. The defendant has not been convicted of or received a 9 deferred judgment for a felony offense committed subsequent to 10 the conviction for which the defendant is seeking expungement. 11 f. The defendant has not been convicted of or received 12 a deferred judgment for a misdemeanor offense of violence 13 committed subsequent to the conviction for which the defendant 14 is seeking expungement. 15 g. The defendant is not currently incarcerated or serving a 16 period of probation for any criminal offense, and the defendant 17 has no pending criminal charges. 18 h. The defendant is not required to register as a sex 19 offender under chapter 692A. 20 2. The following class “D” felonies shall not be expunged: 21 a. A conviction for assault under section 708.2, subsection 22 4. 23 b. A conviction of domestic abuse assault under section 24 708.2A, subsection 4 or 5. 25 c. A conviction for assault in violation of individual 26 rights under section 708.2C, subsection 2 or 4. 27 d. A conviction for assault while participating in a felony 28 under section 708.3, subsection 2. 29 e. A conviction for an assault on persons engaged in certain 30 occupations under section 708.3A, subsection 1 or 2. 31 f. A conviction for inmate assault under section 708.3B. 32 g. A conviction for willful injury under section 708.4, 33 subsection 2. 34 h. A conviction for administering harmful substances under 35 -2- LSB 1302HV (4) 89 as/rh 2/ 7

H.F. 831 section 708.5. 1 i. A conviction for intimidation with a dangerous weapon 2 under section 708.6, subsection 2. 3 j. A conviction for going armed with intent under section 4 708.8. 5 k. A conviction for stalking under section 708.11, 6 subsection 3, paragraph “b” . 7 l. A conviction for removal of an officer’s communication or 8 control device under section 708.12, subsection 3, paragraph 9 “f” . 10 m. A conviction for disarming a peace officer of a dangerous 11 weapon under section 708.13, subsection 2. 12 n. A conviction for female genital mutilation under section 13 708.16, subsection 1 or 4. 14 o. A conviction for threat of terrorism under section 15 708A.5. 16 p. A conviction for lascivious acts with a child under 17 section 709.8, subsection 1, paragraph “d” or “e” . 18 q. A conviction for assault with intent to commit sexual 19 abuse under section 709.11, subsection 2. 20 r. A conviction for sexual exploitation by a counselor, 21 therapist, or school employee under section 709.15, subsection 22 4, paragraph “a” , or under section 709.15, subsection 5, 23 paragraph “a” . 24 s. A conviction for human trafficking under section 710A.2. 25 t. A conviction for aggravated theft under section 711.3B, 26 subsection 2, paragraph “b” . 27 u. A conviction for threats to place or attempts to place 28 any incendiary or explosive device or destructive substance 29 under section 712.8. 30 v. A conviction under prior law of an offense comparable to 31 an offense listed in this subsection. 32 3. The county attorney for the county in which the 33 conviction was entered shall be given notice of the 34 application, and an order of expungement shall not be entered 35 -3- LSB 1302HV (4) 89 as/rh 3/ 7

H.F. 831 until the state has been given notice and the opportunity to 1 object on the grounds that the applicant does not satisfy all 2 of the conditions in subsection 1. 3 4. a. A person shall be granted an expungement of a record 4 under this section one time in the person’s lifetime. However, 5 the one application may request the expungement of records 6 relating to more than one conviction if all of the following 7 conditions apply: 8 (1) The application contains the nonviolent class “D” 9 felony offense. 10 (2) The convictions arose from the same transaction or 11 occurrence. 12 (3) The conviction is for a criminal offense that is 13 eligible to be expunged under either this section or section 14 901C.3. 15 b. The expungement of a misdemeanor conviction under this 16 subsection shall not be considered an expungement under section 17 901C.3, subsection 3. 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 -4- LSB 1302HV (4) 89 as/rh 4/ 7

H.F. 831 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 convictions for 4 certain nonviolent class “D” felonies and to the definition 5 of a conviction relating to the possession, receipt, and 6 transportation of firearms, offensive weapons, and ammunition. 7 The bill provides that, for the purposes of Code section 8 724.26 (possession, receipt, transportation, or dominion and 9 control of firearms, offensive weapons, and ammunition by 10 felons and others), a conviction does not include any offense 11 which has been expunged or for which a person has been pardoned 12 or has had the person’s rights restored in accordance with Code 13 section 724.27 (restoration of offenders’ rights) unless such 14 expungement, pardon, or restoration expressly provides that the 15 person shall not ship, transport, possess, or receive firearms, 16 offensive weapons, or ammunition. 17 The bill provides that upon application of a defendant 18 convicted of a nonviolent class “D” felony offense filed in the 19 county where the conviction occurred, the court shall enter 20 an order expunging the record of such a criminal case if the 21 defendant has proven all of the following: more than 10 years 22 have passed since the discharge of the defendant’s sentence; 23 all conditions of the defendant’s parole or probation have 24 been satisfied; all court costs, fees, fines, restitution, 25 and any other financial obligations have been paid by the 26 defendant; the defendant has not previously been granted a 27 deferred judgment for a prior felony; the defendant has not 28 been convicted of or received a deferred judgment for a felony 29 offense committed subsequent to the conviction for which the 30 defendant is seeking expungement; the defendant has not been 31 convicted of or received a deferred judgment for a misdemeanor 32 offense of violence committed subsequent to the conviction for 33 which the defendant is seeking expungement; the defendant is 34 not currently incarcerated or serving a period of probation for 35 -5- LSB 1302HV (4) 89 as/rh 5/ 7

H.F. 831 any criminal offense and has no pending criminal charges; and 1 the defendant is not required to register as a sex offender 2 under Code chapter 692A. 3 The bill provides that a conviction of the following class 4 “D” felonies are not eligible for expungement: assault under 5 Code section 708.2(4); domestic abuse assault under Code 6 section 708.2A(4) or (5); assault in violation of individual 7 rights under Code section 708.2C(2) or (4); assault while 8 participating in a felony under Code section 708.3(2); assault 9 on persons engaged in certain occupations under Code section 10 708.3A(1) or (2); inmate assault under Code section 708.3B; 11 willful injury under Code section 708.4(2); administering 12 harmful substances under Code section 708.5; intimidation with 13 a dangerous weapon under Code section 708.6(2); going armed 14 with intent under Code section 708.8; stalking under Code 15 section 708.11(3)(b); removal of an officer’s communication 16 or control device under Code section 708.12(3)(f); disarming 17 a peace officer of a dangerous weapon under Code section 18 708.13(2); female genital mutilation under Code section 19 708.16(1) or (4); threat of terrorism under Code section 20 708A.5; lascivious acts with a child under Code section 21 709.8(1)(a) or (e); assault with intent to commit sexual 22 abuse under Code section 709.11(2); sexual exploitation by a 23 counselor, therapist, or school employee under Code section 24 709.15(4)(a) or (5)(a); human trafficking under Code section 25 710A.2; aggravated theft under Code section 711.3B(2); and 26 certain threats under Code section 712.8. 27 The bill provides that the county attorney for the county in 28 which the conviction was entered shall be given notice of the 29 application, and an order of expungement shall not be entered 30 until the state has been given notice and the opportunity to 31 object on the grounds that the applicant does not satisfy 32 all of the conditions specified in the bill, and no order of 33 expungement shall be entered until at least 30 days after the 34 application has been filed. 35 -6- LSB 1302HV (4) 89 as/rh 6/ 7

H.F. 831 The bill provides that a person shall be granted an 1 expungement of a record one time in the person’s lifetime. 2 However, the one application may request the expungement of 3 records relating to more than one conviction if all of the 4 following conditions apply: the application contains the 5 nonviolent class “D” felony offense, the convictions arose 6 from the same transaction or occurrence, and the conviction is 7 for a criminal offense that is eligible to be expunged under 8 the bill or Code section 901C.3. The bill provides that an 9 expungement of a misdemeanor conviction under the bill shall 10 not be considered an expungement under Code section 901C.3(3) 11 which allows for an expungement once in a person’s lifetime of 12 certain misdemeanor convictions under certain circumstances. 13 The bill provides that the expunged record is a confidential 14 record exempt from public access but shall be made available 15 by the clerk of the district court upon court order. After 16 receipt of notice from the clerk of the district court that 17 a record of conviction has been expunged, the record of 18 conviction shall be removed from the criminal history data 19 files maintained by the department of public safety if such a 20 record was maintained in the criminal history data files. 21 The bill provides that the supreme court may prescribe rules 22 governing the procedures applicable to the expungement of a 23 criminal case under this Code section. The bill applies to a 24 nonviolent class “D” felony conviction that occurred prior to, 25 on, or after July 1, 2021. 26 -7- LSB 1302HV (4) 89 as/rh 7/ 7