House
File
820
-
Reprinted
HOUSE
FILE
820
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
257)
(As
Amended
and
Passed
by
the
House
March
25,
2021
)
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
HF
820
(3)
89
cm/jh/md
H.F.
820
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
case
is
dismissed.
21
d.
The
plaintiff
does
not
appear
for
the
hearing.
22
3.
Upon
application
of
a
defendant
found
guilty
in
a
23
residential
forcible
entry
and
detainer
action
for
nonpayment
24
of
rent,
the
court
shall
enter
an
order
sealing
the
record
of
25
the
action,
the
existence
of
the
petition,
all
filings
and
26
documentation
within
the
case
file,
and
any
associated
writs
of
27
execution,
if
all
of
the
following
conditions
are
met:
28
a.
More
than
three
years
have
passed
since
the
date
of
the
29
finding
of
guilt.
30
b.
The
applicant
has
not
been
found
guilty
in
a
subsequent
31
forcible
entry
and
detainer
action
in
the
three-year
period
32
directly
preceding
the
application.
33
c.
The
applicant
has
not
previously
been
granted
a
sealing
34
of
a
finding
of
guilt
under
this
chapter
within
ten
years
prior
35
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cm/jh/md
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to
the
application.
1
d.
The
applicant
has
paid
all
court
costs,
fees,
fines,
and
2
any
other
financial
obligation
ordered
by
the
court
or
assessed
3
by
the
clerk
of
the
district
court
in
the
case.
4
4.
The
application
to
seal
the
record
of
the
action
shall
be
5
included
in
the
record
the
defendant
wishes
to
seal,
using
a
6
form
prescribed
by
the
supreme
court.
7
5.
Upon
sealing,
the
existence
of
the
petition,
all
filings
8
and
documentation
within
the
case
file,
and
any
associated
9
writs
of
execution
shall
be
removed
from
any
publicly
10
accessible
location
under
the
direction
of
the
judicial
branch
11
or
county,
as
applicable.
Notwithstanding
chapter
22,
records
12
sealed
upon
satisfaction
of
the
requirements
specified
in
this
13
section
shall
not
be
available
for
public
inspection
except
in
14
one
of
the
following
manners:
15
a.
Upon
request
by
the
defendant
or
the
attorney
for
the
16
defendant
by
filing
a
motion
in
the
sealed
case.
17
b.
Upon
application
to
the
judicial
branch
using
a
form
18
prescribed
by
the
supreme
court
for
scholarly,
educational,
19
journalistic,
or
governmental
purposes
only,
provided
that
in
20
all
cases,
the
names
of
minor
children
shall
remain
sealed
21
at
all
times,
and
that
the
names
and
personally
identifiable
22
information
of
all
persons
named
as
defendants
or
included
in
23
the
plaintiff’s
petition
shall
be
redacted
and
remain
sealed
24
unless
the
court
determines
that
release
of
such
information
is
25
necessary
to
fulfill
the
scholarly,
educational,
journalistic,
26
or
governmental
purpose
of
the
request.
27
c.
The
clerk
of
court
in
the
county
in
which
an
action
is
28
originated
shall
maintain
a
record
in
the
aggregate
of
all
29
filings
and
the
final
disposition
of
any
such
actions,
to
30
include
dismissal,
default
judgment,
and
writs
associated
with
31
disposition.
The
clerk
of
court
shall
make
available
to
the
32
public
and
report
annually
such
aggregate
information
in
such
33
a
manner
prescribed
by
the
supreme
court
as
to
protect
the
34
identity
of
the
parties
while
still
providing
the
public
with
35
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information
regarding
eviction
proceedings
in
the
county.
1
6.
Upon
sealing,
a
consumer
reporting
agency
shall
2
not
disclose
the
existence
of,
or
information
regarding,
3
an
eviction
action
or
other
civil
action
sealed
or
made
4
confidential
under
this
section
or
use
such
action
as
a
factor
5
to
determine
any
score
or
recommendation
to
be
included
in
a
6
consumer
report
regarding
any
person
named
in
such
case.
7
7.
This
section
shall
not
apply
to
a
money
judgment
awarded
8
for
an
action
that
was
filed
with
a
forcible
entry
and
detainer
9
action
or
arising
from
the
same
set
of
facts
and
circumstances.
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cm/jh/md
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3