H.F. _____ Section 1. NEW SECTION . 710A.8 Expungement of criminal 1 history records —— human trafficking victims. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Human trafficking” means the same as defined in section 5 710A.1. 6 b. “Official documentation” means documentation issued by 7 a federal, state, or local office, agency, or department that 8 provides evidence of a person’s status as a victim of human 9 trafficking. 10 c. “Victim of human trafficking” means a person subjected to 11 human trafficking. 12 2. a. (1) Except as otherwise provided in subsection 9, a 13 person may petition the court for expungement of the person’s 14 criminal history record resulting from the arrest or filing of 15 a charge, without regard to the disposition of the arrest or 16 of the charge, for one or more offenses committed or reported 17 to have been committed while the person was a victim of human 18 trafficking. 19 (2) A petition for expungement may be filed by a person 20 at any time after the date on which the person is no longer a 21 victim of human trafficking or the date on which the person 22 has accessed services for victims of human trafficking. The 23 petition is not required to be filed in the court in which the 24 person’s criminal proceedings originally took place. 25 b. A petition filed under this section shall be considered 26 complete only if accompanied by all of the following: 27 (1) The petitioner’s sworn statement attesting that the 28 petitioner is eligible for such expungement to the best of the 29 petitioner’s knowledge or belief. A petitioner who knowingly 30 provides false information on the sworn statement commits a 31 class “D” felony, punishable as provided in section 720.2. 32 (2) Official documentation, if available. 33 c. A clerk of court shall not charge a filing fee, service 34 charge, copy fee, or any other charge for a petition filed 35 -1- LSB 6199YC (1) 89 ko/rh 1/ 8

H.F. _____ under this section. 1 3. A copy of a petition filed under this section shall be 2 served upon the appropriate county attorney or the attorney 3 general, and the arresting law enforcement agency. The 4 county attorney, the attorney general, and the arresting law 5 enforcement agency may respond to the court regarding the 6 petition. 7 4. a. The petitioner and the petitioner’s attorney 8 may appear at any court proceeding related to the petition 9 telephonically or via remote video conference. 10 b. The court shall allow a victim counselor from a county 11 attorney’s office or from a law enforcement agency to be 12 present with the petitioner during any court proceeding related 13 to the petition if requested by the petitioner and if a victim 14 counselor is available. 15 5. a. If a petitioner submits official documentation 16 pursuant to subsection 2, paragraph “b” , subparagraph (2), it 17 shall create a presumption that the petitioner’s participation 18 in the offense or offenses for which expungement is sought 19 was due to the petitioner’s status as a victim of human 20 trafficking, and the court’s final determination of the 21 petition shall be by a preponderance of the evidence. 22 b. Official documentation shall not be required for a court 23 to grant a petition under this section; however, a court’s 24 final determination without official documentation shall be 25 based on clear and convincing evidence. 26 6. a. Notwithstanding any law to the contrary, a court 27 may order the expungement of the criminal history record of a 28 victim of human trafficking if the victim of human trafficking 29 complies with the requirements of this section. 30 b. If relief is ordered by a court, the clerk of court shall 31 certify a copy of the court order to the appropriate county 32 attorney or attorney general, the arresting law enforcement 33 agency, and any other agency that court records reflect has 34 received the victim’s criminal history record from the court. 35 -2- LSB 6199YC (1) 89 ko/rh 2/ 8

H.F. _____ The arresting law enforcement agency shall forward the court 1 order to each agency to which the arresting law enforcement 2 agency disseminated the criminal history record to which the 3 court order pertains. The department of public safety shall 4 forward the court order to the federal bureau of investigation. 5 7. a. A criminal history record that is expunged under this 6 section shall be a confidential record and exempt from public 7 access under section 22.7, except that the criminal history 8 record shall be made available by a clerk of district court 9 upon court order. 10 b. A criminal history record that is expunged under this 11 section that is retained by the department of public safety 12 shall be a confidential record and exempt from public access 13 under section 22.7, except that the criminal history record 14 shall be made available to all of the following: 15 (1) A criminal justice agency, upon request. 16 (2) A government agency that is authorized by state or 17 federal law to determine eligibility to purchase or possess a 18 firearm or to carry a concealed firearm for use in the course 19 of the government agency’s official duties, upon request. 20 (3) Any other agency, upon court order. 21 c. Any information that reveals, or that may reveal, the 22 identity of a person whose criminal history record has been 23 expunged under this section shall be a confidential record and 24 exempt from public access under section 22.7. 25 d. Criminal investigative data and criminal intelligence 26 data that is confidential and exempt under paragraphs “a” 27 through “c” may be disclosed by a law enforcement agency for any 28 of the following reasons: 29 (1) In furtherance of the law enforcement agency’s official 30 duties and responsibilities. 31 (2) For print, publication, or broadcast if the law 32 enforcement agency determines that such release will assist 33 in locating or identifying a person whom the agency believes 34 is missing or endangered. The information provided shall be 35 -3- LSB 6199YC (1) 89 ko/rh 3/ 8

H.F. _____ limited to only the information necessary to identify or locate 1 the missing or endangered person. 2 (3) To another government agency in the furtherance of the 3 government agency’s official duties and responsibilities. 4 8. a. A person who is the subject of a criminal history 5 record that is expunged under this section may lawfully deny 6 or fail to acknowledge an arrest or conviction covered by the 7 expunged criminal history record, except if the person is a 8 candidate for employment with a criminal justice agency or is a 9 defendant in a criminal prosecution. 10 b. Subject to the exceptions in paragraph “a” , a person who 11 has been granted an expungement of a criminal history record 12 under this section shall not be held under any law of this 13 state to have committed perjury or to be otherwise liable for 14 providing a false statement by reason of the failure to recite 15 or acknowledge the criminal history record. 16 9. This section shall not apply to any of the following 17 offenses: 18 a. Homicide or a related crime in violation of chapter 707. 19 b. Intimidation with a dangerous weapon in violation of 20 section 708.6. 21 c. Going armed with intent in violation of section 708.8. 22 d. Stalking in violation of section 708.11, subsection 3. 23 e. Sexual abuse in violation of chapter 709. 24 f. Kidnapping or related offenses in violation of chapter 25 710. 26 g. Robbery, aggravated theft, or extortion in violation of 27 chapter 711. 28 h. Arson in violation of chapter 712. 29 i. Burglary in the first degree in violation of section 30 713.3. 31 j. Burglary in the second degree in violation of section 32 713.5. 33 k. Neglect or abandonment of a dependent person in violation 34 of section 726.3. 35 -4- LSB 6199YC (1) 89 ko/rh 4/ 8

H.F. _____ l. Child endangerment in violation of section 726.6. 1 10. If a person has been adjudicated not guilty by reason 2 of insanity or was found to be incompetent to stand trial, 3 the expungement of the person’s criminal history record shall 4 not prevent the entry of the judgment in state and national 5 databases for use in determining the person’s eligibility to 6 purchase or possess a firearm or to carry a concealed firearm 7 pursuant to sections 724.8 and 724.26 and 18 U.S.C. §922(t), 8 and shall not prevent any government agency that is authorized 9 by state or federal law to determine the person’s eligibility 10 to purchase or possess a firearm or to carry a concealed 11 firearm from accessing or using the person’s criminal history 12 record during the course of such agency’s official duties. 13 11. a. This section shall not be construed to confer any 14 right to any person to the expungement of the person’s criminal 15 history record. 16 b. Any petition for expungement of a criminal history record 17 under this section may be denied at the discretion of the 18 court. 19 12. The supreme court may prescribe rules governing the 20 procedures applicable to the expungement of a criminal history 21 record under this section. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill is related to the expungement of certain criminal 26 history records (criminal record) of victims of human 27 trafficking. “Human trafficking” is defined in the bill as 28 participating in a venture to recruit, harbor, transport, 29 supply provisions, or obtain a person for forced labor or 30 service that results in involuntary servitude, peonage, 31 debt bondage, or slavery; or for commercial sexual activity 32 through the use of force, fraud, or coercion, except that if 33 the trafficked person is under the age of 18, the commercial 34 sexual activity need not involve force, fraud, or coercion; 35 -5- LSB 6199YC (1) 89 ko/rh 5/ 8

H.F. _____ and knowingly purchasing or attempting to purchase services 1 involving commercial sexual activity from a victim or another 2 person engaged in trafficking. “Victim of human trafficking” 3 is defined in the bill as a person subjected to human 4 trafficking. 5 The bill permits a person to petition the court for 6 expungement of the person’s criminal record resulting from the 7 arrest or filing of a charge, without regard to the disposition 8 of the arrest or of the charge, for an offense committed or 9 reported to have been committed while the person was a victim 10 of human trafficking. A petition for expungement (petition) 11 may be filed any time after the date on which the person is no 12 longer a victim of human trafficking or the person has accessed 13 services for victims of human trafficking. 14 A petition must include the petitioner’s sworn statement 15 attesting that the petitioner is eligible for expungement and 16 official documentation, if available. “Official documentation” 17 is defined as documentation issued by a federal, state, or 18 local office, agency, or department that provides evidence of a 19 person’s status as a victim of human trafficking. A petitioner 20 who knowingly provides false information on the sworn statement 21 commits a class “D” felony, punishable as provided in Code 22 section 720.2. A copy of the petition shall be served upon the 23 appropriate county attorney or the attorney general, and the 24 arresting law enforcement agency. 25 A court’s final determination of a petition shall be based 26 on a preponderance of the evidence. If the petitioner submits 27 official documentation to the court, the submission of such 28 documentation creates a presumption that the petitioner’s 29 participation in the offense or offenses for which expungement 30 is sought was due to the petitioner’s status as a victim 31 of human trafficking. Official documentation shall not be 32 required for a court to grant a petition; however, a final 33 determination made by the court without official documentation 34 shall be based on a showing of clear and convincing evidence. 35 -6- LSB 6199YC (1) 89 ko/rh 6/ 8

H.F. _____ Notwithstanding any law to the contrary, a court may order 1 the expungement of the criminal record of a victim of human 2 trafficking if the victim complies with the requirements of the 3 bill. If relief is ordered by a court, the requirements for 4 certification and distribution of copies of the court order 5 shall be as provided in the bill. 6 Under the bill, a criminal record that is expunged shall be 7 a confidential record and exempt from public access under Code 8 section 22.7, except as detailed in the bill. Any information 9 that reveals, or that may reveal, the identity of a person 10 whose criminal record has been expunged shall be a confidential 11 record and exempt from public access under Code section 22.7. 12 Criminal investigative data and criminal intelligence data that 13 is confidential and exempt under the bill may be disclosed by a 14 law enforcement agency for the reasons detailed in the bill. 15 A person who is the subject of a criminal record that is 16 expunged may lawfully deny or fail to acknowledge an arrest 17 or conviction covered by the expunged criminal record, except 18 if the person is a candidate for employment with a criminal 19 justice agency or is a defendant in a criminal prosecution. 20 Subject to those exceptions, a person who has been granted an 21 expungement shall not be held under any law of this state to 22 have committed perjury or to be otherwise liable for providing 23 a false statement by reason of the person’s failure to recite 24 or acknowledge the criminal record. 25 The bill does not apply to certain criminal offenses as 26 detailed in the bill. If a person was adjudicated not guilty 27 by reason of insanity or was found to be incompetent to stand 28 trial, expungement of the person’s criminal record shall 29 not prevent the entry of the judgment in state and national 30 databases for use in determining the person’s eligibility to 31 purchase or possess a firearm or to carry a concealed firearm 32 pursuant to Code sections 724.8 and 724.26 and 18 U.S.C. 33 §922(t), and shall not prevent any government agency that is 34 authorized by state or federal law to determine the person’s 35 -7- LSB 6199YC (1) 89 ko/rh 7/ 8

H.F. _____ eligibility to purchase or possess a firearm or to carry a 1 concealed firearm from accessing or using the person’s criminal 2 record during the course of the agency’s official duties. 3 The bill shall not be construed to confer any right to a 4 person to the expungement of the person’s criminal record. Any 5 petition for expungement of a person’s criminal record under 6 the bill may be denied at the discretion of the court. 7 The bill provides that the supreme court may prescribe rules 8 governing the procedures applicable to the expungement of a 9 criminal record under the bill. 10 -8- LSB 6199YC (1) 89 ko/rh 8/ 8