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Senate File 14 - IntroducedA Bill ForAn Act 1relating to the expungement of violations of local
2ordinances.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 901C.3 Local ordinance —
2expungement.
3Upon the expiration of two years following conviction for
4a violation of any local ordinance, a person may petition the
5court to expunge the conviction, and if the person has had no
6other criminal convictions, other than local traffic violations
7or simple misdemeanor violations of chapter 321 during the
8two-year period, the conviction shall be expunged as a matter
9of law. The court shall enter an order that the record of the
10conviction be expunged by the clerk of the district court.
11Notwithstanding section 692.2, the clerk of the district court
12shall send a receipt of notice that a record of conviction has
13been expunged for a violation of a local ordinance if a record
14of conviction is maintained by the department of public safety,
15and the record of conviction shall be removed from the criminal
16history data files maintained by the department of public
17safety. An expunged conviction shall not be considered a prior
18offense for purposes of enhancement unless the new violation
19occurred prior to entry of the order of expungement.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the expungement of violations of a local
24ordinance.
25The expungement process under the bill provides that
26upon the expiration of two years following conviction for a
27violation of a local ordinance, a person may petition the
28court to expunge the conviction if the person has no other
29criminal convictions, other than local traffic violations or
30simple misdemeanor violations of Code chapter 321 during the
31two-year period, and the conviction shall be expunged as a
32matter of law. The bill also provides that the clerk of the
33district court shall send a receipt of notice that a record
34of conviction has been expunged for a violation of a local
35ordinance if a record of conviction is maintained by the
-1-1department of public safety, and the record of conviction shall
2be removed from the criminal history data files maintained by
3the department of public safety.
4The bill also provides that an expunged conviction shall
5not be considered a prior offense for purposes of enhancement
6unless the new violation occurred prior to entry of the order
7of expungement.
-2-as/rh
2ordinances.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 901C.3 Local ordinance —
2expungement.
3Upon the expiration of two years following conviction for
4a violation of any local ordinance, a person may petition the
5court to expunge the conviction, and if the person has had no
6other criminal convictions, other than local traffic violations
7or simple misdemeanor violations of chapter 321 during the
8two-year period, the conviction shall be expunged as a matter
9of law. The court shall enter an order that the record of the
10conviction be expunged by the clerk of the district court.
11Notwithstanding section 692.2, the clerk of the district court
12shall send a receipt of notice that a record of conviction has
13been expunged for a violation of a local ordinance if a record
14of conviction is maintained by the department of public safety,
15and the record of conviction shall be removed from the criminal
16history data files maintained by the department of public
17safety. An expunged conviction shall not be considered a prior
18offense for purposes of enhancement unless the new violation
19occurred prior to entry of the order of expungement.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the expungement of violations of a local
24ordinance.
25The expungement process under the bill provides that
26upon the expiration of two years following conviction for a
27violation of a local ordinance, a person may petition the
28court to expunge the conviction if the person has no other
29criminal convictions, other than local traffic violations or
30simple misdemeanor violations of Code chapter 321 during the
31two-year period, and the conviction shall be expunged as a
32matter of law. The bill also provides that the clerk of the
33district court shall send a receipt of notice that a record
34of conviction has been expunged for a violation of a local
35ordinance if a record of conviction is maintained by the
-1-1department of public safety, and the record of conviction shall
2be removed from the criminal history data files maintained by
3the department of public safety.
4The bill also provides that an expunged conviction shall
5not be considered a prior offense for purposes of enhancement
6unless the new violation occurred prior to entry of the order
7of expungement.
-2-as/rh