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House File 38 - IntroducedA Bill ForAn Act 1relating to the sealing of juvenile delinquency records.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.150, subsection 1, paragraph a,
2subparagraph (2), Code 2021, is amended to read as follows:
3(2) The person has not been subsequently convicted of a
4felony or an aggravated or serious misdemeanor or adjudicated
5a delinquent child for an act which if committed by an
6adult would be a felony, an aggravated misdemeanor, or a
7serious misdemeanor and no proceeding is pending seeking such
8conviction or adjudication.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the sealing of juvenile records.
13Current law provides that the juvenile court, after a
14sealing of records hearing, shall order the official juvenile
15court records in the case sealed if the court finds all of
16the following: the person is 18 years of age or older and
17two years have elapsed since the last official action in the
18person’s case; the person has not been subsequently convicted
19of a felony or an aggravated or serious misdemeanor or
20adjudicated a delinquent child for an act which if committed
21by an adult would be a felony, an aggravated misdemeanor, or
22a serious misdemeanor and no proceeding is pending seeking
23such conviction or adjudication; the person was not placed on
24youthful offender status, transferred back to district court
25after the youthful offender’s 18th birthday, and sentenced for
26the offense which precipitated the youthful offender placement;
27and the person was not adjudicated delinquent on an offense
28involving a violation of Code section 321J.2 (operating while
29under the influence of alcohol or a drug or while having an
30alcohol concentration of .08 or more).
31The bill eliminates subsequent aggravated or serious
32misdemeanor or delinquency adjudications from the list of the
33types of criminal offenses that prevent the court from sealing
34a juvenile delinquency record.
-1-as/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.150, subsection 1, paragraph a,
2subparagraph (2), Code 2021, is amended to read as follows:
3(2) The person has not been subsequently convicted of a
4felony or an aggravated or serious misdemeanor or adjudicated
5a delinquent child for an act which if committed by an
6adult would be a felony, an aggravated misdemeanor, or a
7serious misdemeanor and no proceeding is pending seeking such
8conviction or adjudication.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to the sealing of juvenile records.
13Current law provides that the juvenile court, after a
14sealing of records hearing, shall order the official juvenile
15court records in the case sealed if the court finds all of
16the following: the person is 18 years of age or older and
17two years have elapsed since the last official action in the
18person’s case; the person has not been subsequently convicted
19of a felony or an aggravated or serious misdemeanor or
20adjudicated a delinquent child for an act which if committed
21by an adult would be a felony, an aggravated misdemeanor, or
22a serious misdemeanor and no proceeding is pending seeking
23such conviction or adjudication; the person was not placed on
24youthful offender status, transferred back to district court
25after the youthful offender’s 18th birthday, and sentenced for
26the offense which precipitated the youthful offender placement;
27and the person was not adjudicated delinquent on an offense
28involving a violation of Code section 321J.2 (operating while
29under the influence of alcohol or a drug or while having an
30alcohol concentration of .08 or more).
31The bill eliminates subsequent aggravated or serious
32misdemeanor or delinquency adjudications from the list of the
33types of criminal offenses that prevent the court from sealing
34a juvenile delinquency record.
-1-as/rh