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