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House File 702 - IntroducedA Bill ForAn Act 1relating to the expungement of a deferred judgment upon
2a person’s discharge from probation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.9, subsection 4, paragraph b, Code
22019, is amended to read as follows:
3b. Upon discharge from probation, if judgment has been
4deferred under section 907.3, the court’s criminal record with
5reference to the deferred judgment, any counts dismissed by the
6court, which were contained in the indictment, information,
7or complaint that resulted in the deferred judgment, and
8any other related charges that were not contained in the
9indictment, information, or complaint but were dismissed, shall
10be expunged. However, the court’s record shall not be expunged
11until the person has paid the restitution, civil penalties,
12court costs, fees, or other financial obligations ordered by
13the court or assessed by the clerk of the district court in the
14case that includes the deferred judgment. The expunged record
15shall be sealed by the court and is a confidential record
16exempt from public access under section 22.7 but shall be made
17available by the clerk of the district court, upon request and
18without court order, to an agency or person granted access to
19the deferred judgment docket under section 907.4, subsection
202. A court record expunged pursuant to this paragraph shall
21not be released by the division of criminal investigation of
22the department of public safety to any private party conducting
23a criminal history background check. The court’s record shall
24not be expunged in any other circumstances unless authorized
25by law.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the expungement of a deferred judgment
30upon a person’s discharge from probation.
31Under current law, Code section 907.9 provides that
32if a judgment in a criminal case has been deferred, any
33counts dismissed by the court, which were contained in the
34indictment, information, or complaint that resulted in the
35deferred judgment, and any other related charges that were not
-1-1contained in the indictment, information, or complaint but
2were dismissed, shall be expunged and the expunged record is a
3confidential record but shall be made available by the clerk
4of the district court, upon request and without court order,
5to an agency or person granted access to the deferred judgment
6docket.
7The bill requires the expunged record to be sealed by the
8court subject to the same confidentiality restrictions in
9current law.
10The bill provides that a court record expunged pursuant to
11Code section 907.9 shall not be released by the division of
12criminal investigation of the department of public safety to
13any private party conducting a criminal history background
14check.
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2a person’s discharge from probation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.9, subsection 4, paragraph b, Code
22019, is amended to read as follows:
3b. Upon discharge from probation, if judgment has been
4deferred under section 907.3, the court’s criminal record with
5reference to the deferred judgment, any counts dismissed by the
6court, which were contained in the indictment, information,
7or complaint that resulted in the deferred judgment, and
8any other related charges that were not contained in the
9indictment, information, or complaint but were dismissed, shall
10be expunged. However, the court’s record shall not be expunged
11until the person has paid the restitution, civil penalties,
12court costs, fees, or other financial obligations ordered by
13the court or assessed by the clerk of the district court in the
14case that includes the deferred judgment. The expunged record
15shall be sealed by the court and is a confidential record
16exempt from public access under section 22.7 but shall be made
17available by the clerk of the district court, upon request and
18without court order, to an agency or person granted access to
19the deferred judgment docket under section 907.4, subsection
202. A court record expunged pursuant to this paragraph shall
21not be released by the division of criminal investigation of
22the department of public safety to any private party conducting
23a criminal history background check. The court’s record shall
24not be expunged in any other circumstances unless authorized
25by law.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill relates to the expungement of a deferred judgment
30upon a person’s discharge from probation.
31Under current law, Code section 907.9 provides that
32if a judgment in a criminal case has been deferred, any
33counts dismissed by the court, which were contained in the
34indictment, information, or complaint that resulted in the
35deferred judgment, and any other related charges that were not
-1-1contained in the indictment, information, or complaint but
2were dismissed, shall be expunged and the expunged record is a
3confidential record but shall be made available by the clerk
4of the district court, upon request and without court order,
5to an agency or person granted access to the deferred judgment
6docket.
7The bill requires the expunged record to be sealed by the
8court subject to the same confidentiality restrictions in
9current law.
10The bill provides that a court record expunged pursuant to
11Code section 907.9 shall not be released by the division of
12criminal investigation of the department of public safety to
13any private party conducting a criminal history background
14check.
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