HSB 167 (LSB 1692YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the sealing of juvenile court records, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.150, subsection 1, Code 2025, is amended to read as follows:
   1.  a.  In the case of an adjudication of delinquency, the A court shall upon its own motion schedule a sealing of records hearing to be held two years after the date of the last official action relating to a complaint or petition alleging delinquency, or the date the child a person subject to a complaint or petition alleging delinquency becomes eighteen years of age, whichever is later. The court shall also schedule a sealing of records hearing upon application of a person who was the subject of a complaint or petition alleging delinquency that did not result in an adjudication. The court, after hearing, shall order the official juvenile court records in the case sealed, including those specified in sections 232.147, 232.149, 232.149A, 232.149B, and 915.25, sealed if the court finds all of the following:
   (1)  The person is eighteen years of age or older and two years have elapsed since the last official action in the person’s case.
   (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.
   (3)  The person was not placed on youthful offender status, transferred back to district court after the youthful offender’s eighteenth birthday, and sentenced for the offense which precipitated the youthful offender placement.
   (4)  The person was not adjudicated delinquent on an offense involving a violation of section 321J.2.
   b.  If the court enters an order dismissing a complaint or petition alleging delinquency, the court shall also enter an order sealing all official juvenile court records in the case including those specified in sections 232.147, 232.149, 232.149A, 232.149B, and 915.25. 
   b.  c.  If the person was adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or a felony, the court shall not order the records in the case sealed unless, upon application of the person or upon the court’s own motion and the state files an objection. If the state files an objection, the court shall set a hearing on the matter. If, after hearing, the court finds that paragraph “a”, subparagraphs (1) and (2), apply and that the sealing is in the best interests of the person and the public, the court shall order the records in the case sealed.
   d.  If the person has been subsequently convicted of a felony, an aggravated misdemeanor, or a serious misdemeanor, the court shall not order the records in the case sealed unless, upon application of the person or upon the court’s own motion and after hearing, the court finds that sealing is in the best interests of the person and the public.
   c.  e.  If the person is required to pay monetary restitution to a victim due to a delinquent act and the restitution is unpaid, the records in the case may be sealed, but the name of the court, the title of the action, and the court’s file number shall remain unsealed as provided in section 910.10 and the restitution amount shall be a judgment and lien as provided in sections 910.7A, 910.8, 910.10, and 915.28 until the restitution is paid in full.
    Sec. 2.  Section 232.150, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  This section shall not be interpreted to preclude the court from scheduling a sealing of records hearing upon application of a person who was the subject of a complaint or petition alleging delinquency.
    Sec. 3.  DISTRICT COURT —— SEALING OF JUVENILE RECORDS.
   1.  The supreme court shall establish guidance and timelines for each district court to identify and seal all juvenile court records for cases that commenced prior to the effective date of this Act that are eligible to be sealed pursuant to this Act. District courts shall endeavor to seal each record within one year of the date the record is identified as eligible to be sealed pursuant to this Act.
   2.  A person shall not have a cause of action for damages as a result of the district court’s failure to identify and seal a juvenile court record pursuant to subsection 1.
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 court records (records). 
   Under current law, a court is required to hold a hearing to seal records relating to an adjudication of delinquency two years after the last official action in the matter or when the person adjudicated to have committed a delinquent act reaches 18 years of age, whichever is later. Persons not adjudicated delinquent must apply to the court to have the person’s records sealed.
   The bill requires a court to hold a hearing upon its own motion to seal the records of a person who was the subject of a complaint or petition alleging delinquency (petition) two years after the last official action in the matter or when the person subject to the petition reaches 18 years of age, whichever is later.
   The bill allows a person adjudicated delinquent for operating while under the influence of alcohol or a drug while having an alcohol concentration of .08 or more to have the person’s records sealed.
   The bill requires a court that issues an order dismissing a petition to also enter an order sealing all official juvenile court records in the case, including those specified in Code sections 232.147 (confidentiality of juvenile court records), 232.149 (records of criminal or juvenile justice agencies, intake officers, and juvenile court officers), 232.149A (confidentiality orders), 232.149B (public records orders), and 915.25 (right to review complaint against juvenile).
   Under current law, a person adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or felony cannot have the person’s records sealed unless the court finds that the person is at least 18 years of age and has not been subsequently convicted of a felony, an aggravated misdemeanor, or a serious misdemeanor, adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or a serious misdemeanor, or has a pending proceeding seeking such a conviction or adjudication. The bill requires the sealing of records of a person adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or felony unless the state files an objection. If the state files an objection, the court must set a hearing to determine if sealing the records is in the best interests of the person and the public.
   The bill allows a person who, after being subject to a petition, was convicted of a felony, an aggravated misdemeanor, or a serious misdemeanor, to have the person’s records sealed if the court finds at a hearing that sealing the records is in the best interests of the person and the public.
   The bill’s provisions shall not be interpreted to preclude the district court from scheduling a sealing of records hearing upon application of a person who was the subject of a petition.
   The bill directs the supreme court to establish guidance and timelines for each district court to identify and seal all juvenile court records for cases that commenced prior to the bill’s effective date that are eligible to be sealed pursuant to the bill. District courts must endeavor to seal each record within one year of the date the record is identified as eligible to be sealed pursuant to the bill. A person does not have a cause of action for damages as a result of the district court’s failure to identify and seal a juvenile court record.
   The bill makes conforming changes.
   The bill is effective upon enactment.