Senate
File
385
-
Reprinted
SENATE
FILE
385
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1110)
(As
Amended
and
Passed
by
the
Senate
March
17,
2015
)
A
BILL
FOR
An
Act
relating
to
the
expungement
of
not-guilty
verdicts
and
1
dismissed
criminal-charge
records,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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385
Section
1.
NEW
SECTION
.
901C.1
Not-guilty
verdicts
and
1
criminal-charge
dismissals
——
expungement.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Expunge”
and
“expungement”
mean
the
same
as
expunged
in
5
section
907.1.
6
b.
“Related
case”
means
a
separate
criminal
case
that
arises
7
from
the
same
transaction
or
occurrence
or
from
two
or
more
8
transactions
or
occurrences
constituting
parts
of
a
common
9
scheme
or
plan
that
form
the
basis
for
a
criminal
case.
10
2.
Upon
application
of
a
defendant
to
expunge
the
11
record
relating
to
the
defendant
in
a
criminal
case
or
upon
12
application
by
the
prosecutor
in
such
a
criminal
case,
or
upon
13
the
court’s
own
motion,
the
court
shall
expunge
the
record
of
14
a
criminal
case
containing
one
or
more
criminal
charges
in
15
which
an
acquittal
was
entered
for
all
criminal
charges
or
16
all
criminal
charges
were
otherwise
dismissed
in
the
case,
if
17
the
court
finds
that
the
defendant
has
established
all
of
the
18
following,
as
applicable:
19
a.
All
court
costs,
fees,
and
other
financial
obligations
20
ordered
by
the
court
or
assessed
by
the
clerk
of
the
district
21
court
have
been
paid.
22
b.
The
case
was
dismissed
with
prejudice
or
the
case
is
23
beyond
the
limitations
for
the
commencement
of
criminal
actions
24
as
set
forth
in
chapter
802.
25
c.
(1)
The
defendant
has
not
been
charged
with
a
crime
in
a
26
related
case.
27
(2)
If
the
defendant
was
charged
with
a
crime
in
one
or
more
28
related
cases,
no
charges
are
pending
in
a
related
case,
the
29
defendant
has
not
been
convicted
of
a
crime
in
a
related
case,
30
and
the
dismissal
of
the
case
was
not
part
of
a
plea
bargain.
31
d.
(1)
The
case
was
not
dismissed
due
to
the
defendant
32
being
found
not
guilty
by
reason
of
insanity.
33
(2)
The
defendant
was
not
found
incompetent
to
stand
trial.
34
e.
All
parties
in
the
case
had
notice
of
the
proposed
35
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expungement
and
an
opportunity
to
object.
1
3.
The
record
in
a
criminal
case
expunged
under
this
2
section
is
a
confidential
record
exempt
from
public
access
3
under
section
22.7
but
shall
be
made
available
by
the
clerk
of
4
the
district
court,
upon
request
and
without
court
order,
to
5
the
defendant
or
to
an
agency
or
person
granted
access
to
the
6
deferred
judgment
docket
under
section
907.4,
subsection
2.
7
4.
This
chapter
does
not
apply
to
dismissals
related
to
a
8
deferred
judgment
under
section
907.9.
9
5.
This
chapter
applies
to
all
public
offenses.
10
6.
The
court
shall
advise
the
defendant
of
the
provisions
of
11
this
chapter
upon
the
acquittal
of
all
criminal
charges
in
a
12
case
or
upon
the
dismissal
of
all
criminal
charges
in
a
case.
13
7.
The
supreme
court
may
prescribe
rules
governing
the
14
procedures
applicable
to
the
expungement
of
the
record
of
a
15
criminal
case
under
this
chapter.
16
Sec.
2.
COURT
RULES.
The
supreme
court
may
prescribe
rules
17
to
implement
this
Act
to
be
effective
July
1,
2016.
18
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2016.
19
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