House Study Bill 257 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to court records for residential forcible entry 1 and detainer actions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2764YC (2) 89 cm/jh

H.F. _____ Section 1. Section 648.22, Code 2021, is amended to read as 1 follows: 2 648.22 Judgment —— execution —— costs —— sealing of court 3 records . 4 1. If the defendant is found guilty, judgment shall be 5 entered that the defendant be removed from the premises, and 6 that the plaintiff be put in possession of the premises, and 7 an execution for the defendant’s removal within three days 8 from the judgment shall issue accordingly, to which shall be 9 added a clause commanding the officer to collect the costs as 10 in ordinary cases. 11 2. In a residential forcible entry and detainer action the 12 court shall enter an order sealing the court records of the 13 action not later than three days from the date of the hearing, 14 or from the date the hearing would have been held as provided 15 by law, if any of the following occurs: 16 a. The defendant is found not guilty. 17 b. By motion or upon the court’s own determination, the 18 court finds there is no genuine issue of material fact between 19 the parties. 20 c. The court dismisses the plaintiff’s claim. 21 d. The plaintiff withdraws the claim. 22 e. The plaintiff does not appear for the hearing. 23 f. Both parties consent to the order. 24 3. Upon application of a defendant found guilty in a 25 residential forcible entry and detainer action for nonpayment 26 of rent, the court shall enter an order sealing the record of 27 the action, the existence of the petition, all filings and 28 documentation within the case file, and any associated writs of 29 execution, if all of the following conditions are met: 30 a. More than three years have passed since the date of the 31 finding of guilt. 32 b. The applicant has not been found guilty in a subsequent 33 forcible entry and detainer action in the three-year period 34 directly preceding the application. 35 -1- LSB 2764YC (2) 89 cm/jh 1/ 4

H.F. _____ c. The applicant has not previously been granted a sealing 1 of a finding of guilt under this chapter within ten years prior 2 to the application. 3 4. The application to seal the record of the action shall be 4 included in the record the defendant wishes to seal, using a 5 form prescribed by the supreme court. 6 5. Upon sealing, the existence of the petition, all filings 7 and documentation within the case file, and any associated 8 writs of execution shall be removed from any publicly 9 accessible location under the direction of the judicial branch 10 or county, as applicable. Notwithstanding chapter 22, records 11 sealed upon satisfaction of the requirements specified in this 12 section shall not be available for public inspection except in 13 one of the following manners: 14 a. Upon request by the defendant or the attorney for the 15 defendant by filing a motion in the sealed case. 16 b. Upon application to the judicial branch using a form 17 prescribed by the supreme court for scholarly, educational, 18 journalistic, or governmental purposes only, provided that in 19 all cases, the names of minor children shall remain sealed 20 at all times, and that the names and personally identifiable 21 information of all persons named as defendants or included in 22 the plaintiff’s petition shall be redacted and remain sealed 23 unless the court determines that release of such information is 24 necessary to fulfill the scholarly, educational, journalistic, 25 or governmental purpose of the request. 26 c. The clerk of court in the county in which an action is 27 originated shall maintain a record in the aggregate of all 28 filings and the final disposition of any such actions, to 29 include dismissal, default judgment, and the grounds for any 30 judgment in any action, writs associated with disposition, and 31 other information the clerk of court determines necessary. The 32 clerk of court shall make available to the public and report 33 annually such aggregate information in such a manner prescribed 34 by the supreme court as to protect the identity of the parties 35 -2- LSB 2764YC (2) 89 cm/jh 2/ 4

H.F. _____ while still providing the public with information regarding 1 eviction proceedings in the county. 2 6. Upon sealing, a consumer reporting agency shall 3 not disclose the existence of, or information regarding, 4 an eviction action or other civil action sealed or made 5 confidential under this section or use such action as a factor 6 to determine any score or recommendation to be included in a 7 consumer report regarding any person named in such case. 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 sealing court records of residential 12 forcible entry and detainer actions. 13 The bill provides that a court shall seal the court records 14 of an eviction action not later than three days from the date 15 of the hearing if any of the following have occurred: the 16 defendant is found not guilty, the court finds there is no 17 genuine issue of material fact between the parties or dismisses 18 the plaintiff’s claim, the plaintiff withdraws the claim, the 19 plaintiff does not appear for the hearing, or if by consent of 20 both parties. 21 The bill provides that upon application of a defendant found 22 guilty in an eviction action for nonpayment of rent, the court 23 shall seal the court records if more than three years have 24 passed since disposition, the applicant has not been found 25 guilty in subsequent eviction action in the three-year period 26 preceding the application, and the applicant within the last 10 27 years has not been granted a sealing of eviction court records. 28 The application to seal shall be included in the sealed court 29 records. 30 The bill provides that upon sealing of court records, all 31 filings, documentation, and writs of association shall be 32 removed from any publicly accessible location. Court records 33 sealed shall not be available for public inspection except upon 34 request by the defendant or the attorney for the defendant 35 -3- LSB 2764YC (2) 89 cm/jh 3/ 4

H.F. _____ by filing a motion in the sealed case or application to the 1 judicial branch using a form to be prescribed by the supreme 2 court for scholarly, educational, journalistic, or governmental 3 purposes. The bill requires the clerk of court in the county 4 in which an action is originated to maintain a record in the 5 aggregate of all filings and to make such information available 6 to the public in such a manner prescribed by the supreme court 7 as to protect the identity of the parties and to promote the 8 goals of the bill by providing the public with information 9 relating to eviction actions while protecting the parties 10 involved. 11 The bill provides that upon sealing a consumer reporting 12 agency shall not disclose the existence of, or information 13 regarding, an eviction action or other civil action sealed or 14 made confidential under the bill or use such action as a factor 15 to determine any score or recommendation to be included in a 16 consumer report regarding any person named in such case. 17 -4- LSB 2764YC (2) 89 cm/jh 4/ 4