House
File
831
-
Reprinted
HOUSE
FILE
831
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
223)
(As
Amended
and
Passed
by
the
House
March
25,
2021
)
A
BILL
FOR
An
Act
relating
to
the
expungement
of
convictions
for
certain
1
class
“D”
felonies,
and
related
convictions,
and
to
the
2
definition
of
a
conviction
relating
to
the
possession,
3
receipt,
and
transportation
of
firearms,
offensive
weapons,
4
and
ammunition.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
HF
831
(5)
89
as/rh/md
H.F.
831
Section
1.
Section
724.25,
Code
2021,
is
amended
to
read
as
1
follows:
2
724.25
Felony
,
conviction,
and
antique
firearm
defined.
3
1.
As
used
in
section
724.26
,
the
word
“felony”
means
4
any
offense
punishable
in
the
jurisdiction
where
it
occurred
5
by
imprisonment
for
a
term
exceeding
one
year,
but
does
not
6
include
any
offense,
other
than
an
offense
involving
a
firearm
7
or
explosive,
classified
as
a
misdemeanor
under
the
laws
of
the
8
state
and
punishable
by
a
term
of
imprisonment
of
two
years
or
9
less.
10
2.
As
used
in
section
724.26,
“conviction”
does
not
include
11
a
deferred
judgment
that
has
been
expunged
pursuant
to
section
12
907.3,
subsection
1,
paragraph
“c”
,
or
any
conviction
that
13
has
been
expunged
or
for
which
a
person
has
been
pardoned
14
or
has
had
the
person’s
rights
restored
in
accordance
with
15
section
724.27
unless
such
expungement,
pardon,
or
restoration
16
expressly
provides
that
the
person
shall
not
ship,
transport,
17
possess,
or
receive
firearms,
offensive
weapons,
or
ammunition.
18
2.
3.
As
used
in
this
chapter
,
an
“antique
firearm”
19
means
any
firearm,
including
any
firearm
with
a
matchlock,
20
flintlock,
percussion
cap,
or
similar
type
of
ignition
system,
21
manufactured
in
or
before
1898.
An
antique
firearm
also
22
means
a
replica
of
a
firearm
so
described
if
the
replica
is
23
not
designed
or
redesigned
for
using
rimfire
or
conventional
24
centerfire
fixed
ammunition
or
if
the
replica
uses
rimfire
or
25
conventional
centerfire
fixed
ammunition
which
is
no
longer
26
manufactured
in
the
United
States
and
which
is
not
readily
27
available
in
the
ordinary
channels
of
commercial
trade.
28
Sec.
2.
NEW
SECTION
.
901C.4
Class
“D”
felony
——
29
expungement.
30
1.
Upon
application
of
a
defendant
convicted
of
a
class
31
“D”
felony
offense
listed
in
subsection
2,
or
convicted
under
32
prior
law
of
an
offense
comparable
to
a
class
“D”
felony
listed
33
in
subsection
2,
the
court
shall
enter
an
order
expunging
the
34
conviction
if
the
defendant
has
proven
all
of
the
following:
35
-1-
HF
831
(5)
89
as/rh/md
1/
5
H.F.
831
a.
More
than
ten
years
have
passed
since
the
discharge
of
1
the
defendant’s
sentence.
2
b.
All
conditions
of
the
defendant’s
parole
or
probation
3
have
been
satisfied.
4
c.
The
defendant
has
paid
all
court
costs,
fees,
fines,
5
restitution,
and
any
other
financial
obligations
ordered
by
the
6
court
or
assessed
by
the
clerk
of
the
district
court.
7
d.
The
defendant
has
not
previously
been
granted
a
deferred
8
judgment
for
a
prior
felony.
9
e.
The
defendant
has
not
been
convicted
of
or
received
a
10
deferred
judgment
for
a
felony
offense
committed
subsequent
to
11
the
conviction
for
which
the
defendant
is
seeking
expungement.
12
f.
The
defendant
has
not
been
convicted
of
or
received
13
a
deferred
judgment
for
a
misdemeanor
offense
of
violence
14
committed
subsequent
to
the
conviction
for
which
the
defendant
15
is
seeking
expungement.
16
g.
The
defendant
is
not
currently
incarcerated
or
serving
a
17
period
of
probation
for
any
criminal
offense,
and
the
defendant
18
has
no
pending
criminal
charges.
19
h.
The
defendant
is
not
required
to
register
as
a
sex
20
offender
under
chapter
692A.
21
2.
A
conviction
for
the
following
class
“D”
felonies
shall
22
be
expunged
if
all
of
the
conditions
specified
in
subsection
1
23
are
satisfied:
24
a.
A
conviction
for
violations
involving
excursion
gambling
25
boats
and
gambling
structures
under
section
99F.15,
subsection
26
4.
27
b.
A
conviction
for
unlawful
betting
where
the
potential
28
winnings
from
the
bet
exceed
one
thousand
dollars
in
value
29
under
section
99F.15,
subsection
6,
paragraph
“b”
.
30
c.
A
conviction
for
forgery
or
fraud
related
to
lottery
31
tickets,
lottery
equipment
or
materials,
or
lottery
activities
32
under
section
99G.36.
33
d.
A
conviction
for
the
manufacture,
delivery,
or
possession
34
with
the
intent
to
manufacture
or
deliver
fifty
kilograms
or
35
-2-
HF
831
(5)
89
as/rh/md
2/
5
H.F.
831
less
of
marijuana
or
involving
flunitrazepam
under
section
1
124.401,
subsection
1,
paragraph
“d”
.
2
e.
A
conviction
for
possession
with
the
intent
to
3
manufacture
a
controlled
substance
under
section
124.401,
4
subsection
4.
5
f.
A
conviction
for
knowingly
or
intentionally
possessing
6
a
controlled
substance
under
section
124.401,
subsection
5,
7
unnumbered
paragraph
1,
when
the
person
has
previously
been
8
convicted
two
or
more
times
of
violating
chapter
124,
124B,
or
9
453B,
or
chapter
124A
as
it
existed
prior
to
July
1,
2017.
10
g.
A
conviction
for
gatherings
where
controlled
substances
11
are
unlawfully
used
under
section
124.407,
subsection
2.
12
h.
A
conviction
for
a
third
or
subsequent
offense
of
13
operating
while
under
the
influence
of
alcohol
or
a
drug
or
14
while
having
an
alcohol
concentration
of
.08
or
more
under
15
section
321J.2,
subsection
2,
paragraph
“c”
.
16
i.
A
conviction
for
a
violation
involving
a
taxable
17
substances
tax
stamp,
label,
or
official
insignia
under
section
18
453B.12,
subsection
2,
3,
or
4.
19
j.
A
conviction
for
a
conspiracy
to
commit
a
felony
other
20
than
a
forcible
felony
under
section
706.3,
subsection
2.
21
k.
A
conviction
for
violating
a
custodial
order
under
22
section
710.6,
subsection
1.
23
l.
A
conviction
for
burglary
in
the
third
degree
under
24
section
713.6A,
subsection
1.
25
m.
A
conviction
for
theft
in
the
second
degree
under
section
26
714.2,
subsection
2.
27
n.
A
conviction
for
fraudulent
practices
in
the
second
28
degree
under
section
714.10.
29
o.
A
conviction
for
intellectual
property
counterfeiting
in
30
the
second
degree
under
section
714.26,
subsection
2,
paragraph
31
“b”
.
32
p.
A
conviction
for
a
computer
and
spyware
offense
causing
33
pecuniary
losses
exceeding
one
thousand
dollars
under
section
34
715.7,
subsection
2.
35
-3-
HF
831
(5)
89
as/rh/md
3/
5
H.F.
831
q.
A
conviction
for
forgery
under
section
715A.2,
subsection
1
2,
paragraph
“a”
.
2
r.
A
conviction
for
criminal
mischief
in
the
second
degree
3
under
section
716.4.
4
s.
A
conviction
for
trespass
under
section
716.7,
subsection
5
2,
paragraph
“a”
,
subparagraph
(6).
6
t.
A
conviction
for
a
second
or
subsequent
violation
of
food
7
operation
trespass
under
section
716.8,
subsection
8,
paragraph
8
“b”
.
9
u.
A
conviction
for
railroad
vandalism
in
the
fourth
degree
10
under
section
716.10,
subsection
2,
paragraph
“d”
.
11
v.
A
conviction
for
a
third
offense
of
illegal
gaming
in
the
12
fourth
degree
under
section
725.7,
subsection
2,
paragraph
“a”
,
13
subparagraph
(3).
14
w.
A
conviction
for
a
second
offense
of
illegal
gaming
in
15
the
third
degree
under
section
725.7,
subsection
2,
paragraph
16
“b”
,
subparagraph
(2).
17
x.
A
conviction
for
a
first
offense
of
illegal
gaming
in
the
18
second
degree
under
section
725.7,
subsection
2,
paragraph
“c”
,
19
subparagraph
(1).
20
3.
The
application
shall
be
filed
in
the
criminal
court
21
case
in
which
the
conviction
being
sought
to
be
expunged
was
22
entered.
23
4.
The
county
attorney
for
the
county
in
which
the
24
conviction
was
entered
shall
be
given
notice
of
the
25
application,
and
an
order
of
expungement
shall
not
be
entered
26
until
the
state
has
been
given
notice
and
the
opportunity
to
27
object
on
the
grounds
that
the
applicant
does
not
satisfy
all
28
of
the
conditions
in
subsection
1.
29
5.
A
person
shall
be
granted
an
expungement
of
a
conviction
30
under
this
section
one
time
in
the
person’s
lifetime.
However,
31
the
one
application
may
request
the
expungement
of
more
than
32
one
conviction
if
the
convictions
were
entered
in
the
same
33
court
file
and
arose
from
the
same
transaction
or
occurrence
34
and
the
convictions
are
for
criminal
offenses
that
are
35
-4-
HF
831
(5)
89
as/rh/md
4/
5
H.F.
831
eligible
to
be
expunged
under
either
this
section
or
section
1
901C.3.
The
expungement
of
a
misdemeanor
conviction
under
this
2
subsection
shall
not
be
considered
an
expungement
under
section
3
901C.3
for
purposes
of
section
901C.3,
subsection
3.
4
6.
No
order
of
expungement
shall
be
entered
until
at
least
5
thirty
days
after
an
application
has
been
filed.
6
7.
The
court
record
of
the
expunged
conviction
is
a
7
confidential
record
exempt
from
public
access
under
section
8
22.7
but
shall
be
made
available
by
the
clerk
of
the
district
9
court
upon
court
order.
10
8.
Notwithstanding
section
692.2,
after
receipt
of
notice
11
from
the
clerk
of
the
district
court
that
a
conviction
has
been
12
expunged
under
subsection
1,
the
record
of
conviction
shall
be
13
removed
from
the
criminal
history
data
files
maintained
by
the
14
department
of
public
safety
if
such
a
record
was
maintained
in
15
the
criminal
history
data
files.
16
9.
The
supreme
court
may
prescribe
rules
governing
the
17
procedures
applicable
to
the
expungement
of
a
criminal
18
conviction
under
this
section.
19
10.
This
section
applies
to
a
class
“D”
felony
conviction
20
entered
prior
to,
on,
or
after
July
1,
2021.
21
-5-
HF
831
(5)
89
as/rh/md
5/
5