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House Study Bill 257 - IntroducedA Bill ForAn Act 1relating to court records for residential forcible entry
2and detainer actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2021, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and
8an execution for the defendant’s removal within three days
9from the judgment shall issue accordingly, to which shall be
10added a clause commanding the officer to collect the costs as
11in ordinary cases.
122. In a residential forcible entry and detainer action the
13court shall enter an order sealing the court records of the
14action not later than three days from the date of the hearing,
15or from the date the hearing would have been held as provided
16by law, if any of the following occurs:
17a. The defendant is found not guilty.
18b. By motion or upon the court’s own determination, the
19court finds there is no genuine issue of material fact between
20the parties.
21c. The court dismisses the plaintiff’s claim.
22d. The plaintiff withdraws the claim.
23e. The plaintiff does not appear for the hearing.
24f. Both parties consent to the order.
253. Upon application of a defendant found guilty in a
26residential forcible entry and detainer action for nonpayment
27of rent, the court shall enter an order sealing the record of
28the action, the existence of the petition, all filings and
29documentation within the case file, and any associated writs of
30execution, if all of the following conditions are met:
31a. More than three years have passed since the date of the
32finding of guilt.
33b. The applicant has not been found guilty in a subsequent
34forcible entry and detainer action in the three-year period
35directly preceding the application.
-1- 1c. The applicant has not previously been granted a sealing
2of a finding of guilt under this chapter within ten years prior
3to the application.
44. The application to seal the record of the action shall be
5included in the record the defendant wishes to seal, using a
6form prescribed by the supreme court.
75. Upon sealing, the existence of the petition, all filings
8and documentation within the case file, and any associated
9writs of execution shall be removed from any publicly
10accessible location under the direction of the judicial branch
11or county, as applicable. Notwithstanding chapter 22, records
12sealed upon satisfaction of the requirements specified in this
13section shall not be available for public inspection except in
14one of the following manners:
15a. Upon request by the defendant or the attorney for the
16defendant by filing a motion in the sealed case.
17b. Upon application to the judicial branch using a form
18prescribed by the supreme court for scholarly, educational,
19journalistic, or governmental purposes only, provided that in
20all cases, the names of minor children shall remain sealed
21at all times, and that the names and personally identifiable
22information of all persons named as defendants or included in
23the plaintiff’s petition shall be redacted and remain sealed
24unless the court determines that release of such information is
25necessary to fulfill the scholarly, educational, journalistic,
26or governmental purpose of the request.
27c. The clerk of court in the county in which an action is
28originated shall maintain a record in the aggregate of all
29filings and the final disposition of any such actions, to
30include dismissal, default judgment, and the grounds for any
31judgment in any action, writs associated with disposition, and
32other information the clerk of court determines necessary. The
33clerk of court shall make available to the public and report
34annually such aggregate information in such a manner prescribed
35by the supreme court as to protect the identity of the parties
-2-1while still providing the public with information regarding
2eviction proceedings in the county.
36. Upon sealing, a consumer reporting agency shall
4not disclose the existence of, or information regarding,
5an eviction action or other civil action sealed or made
6confidential under this section or use such action as a factor
7to determine any score or recommendation to be included in a
8consumer report regarding any person named in such case.
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 sealing court records of residential
13forcible entry and detainer actions.
14The bill provides that a court shall seal the court records
15of an eviction action not later than three days from the date
16of the hearing if any of the following have occurred: the
17defendant is found not guilty, the court finds there is no
18genuine issue of material fact between the parties or dismisses
19the plaintiff’s claim, the plaintiff withdraws the claim, the
20plaintiff does not appear for the hearing, or if by consent of
21both parties.
22The bill provides that upon application of a defendant found
23guilty in an eviction action for nonpayment of rent, the court
24shall seal the court records if more than three years have
25passed since disposition, the applicant has not been found
26guilty in subsequent eviction action in the three-year period
27preceding the application, and the applicant within the last 10
28years has not been granted a sealing of eviction court records.
29The application to seal shall be included in the sealed court
30records.
31The bill provides that upon sealing of court records, all
32filings, documentation, and writs of association shall be
33removed from any publicly accessible location. Court records
34sealed shall not be available for public inspection except upon
35request by the defendant or the attorney for the defendant
-3-1by filing a motion in the sealed case or application to the
2judicial branch using a form to be prescribed by the supreme
3court for scholarly, educational, journalistic, or governmental
4purposes. The bill requires the clerk of court in the county
5in which an action is originated to maintain a record in the
6aggregate of all filings and to make such information available
7to the public in such a manner prescribed by the supreme court
8as to protect the identity of the parties and to promote the
9goals of the bill by providing the public with information
10relating to eviction actions while protecting the parties
11involved.
12The bill provides that upon sealing a consumer reporting
13agency shall not disclose the existence of, or information
14regarding, an eviction action or other civil action sealed or
15made confidential under the bill or use such action as a factor
16to determine any score or recommendation to be included in a
17consumer report regarding any person named in such case.
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2and detainer actions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 648.22, Code 2021, is amended to read as
2follows:
3648.22 Judgment — execution — costs — sealing of court
4records.
51. If the defendant is found guilty, judgment shall be
6entered that the defendant be removed from the premises, and
7that the plaintiff be put in possession of the premises, and
8an execution for the defendant’s removal within three days
9from the judgment shall issue accordingly, to which shall be
10added a clause commanding the officer to collect the costs as
11in ordinary cases.
122. In a residential forcible entry and detainer action the
13court shall enter an order sealing the court records of the
14action not later than three days from the date of the hearing,
15or from the date the hearing would have been held as provided
16by law, if any of the following occurs:
17a. The defendant is found not guilty.
18b. By motion or upon the court’s own determination, the
19court finds there is no genuine issue of material fact between
20the parties.
21c. The court dismisses the plaintiff’s claim.
22d. The plaintiff withdraws the claim.
23e. The plaintiff does not appear for the hearing.
24f. Both parties consent to the order.
253. Upon application of a defendant found guilty in a
26residential forcible entry and detainer action for nonpayment
27of rent, the court shall enter an order sealing the record of
28the action, the existence of the petition, all filings and
29documentation within the case file, and any associated writs of
30execution, if all of the following conditions are met:
31a. More than three years have passed since the date of the
32finding of guilt.
33b. The applicant has not been found guilty in a subsequent
34forcible entry and detainer action in the three-year period
35directly preceding the application.
-1- 1c. The applicant has not previously been granted a sealing
2of a finding of guilt under this chapter within ten years prior
3to the application.
44. The application to seal the record of the action shall be
5included in the record the defendant wishes to seal, using a
6form prescribed by the supreme court.
75. Upon sealing, the existence of the petition, all filings
8and documentation within the case file, and any associated
9writs of execution shall be removed from any publicly
10accessible location under the direction of the judicial branch
11or county, as applicable. Notwithstanding chapter 22, records
12sealed upon satisfaction of the requirements specified in this
13section shall not be available for public inspection except in
14one of the following manners:
15a. Upon request by the defendant or the attorney for the
16defendant by filing a motion in the sealed case.
17b. Upon application to the judicial branch using a form
18prescribed by the supreme court for scholarly, educational,
19journalistic, or governmental purposes only, provided that in
20all cases, the names of minor children shall remain sealed
21at all times, and that the names and personally identifiable
22information of all persons named as defendants or included in
23the plaintiff’s petition shall be redacted and remain sealed
24unless the court determines that release of such information is
25necessary to fulfill the scholarly, educational, journalistic,
26or governmental purpose of the request.
27c. The clerk of court in the county in which an action is
28originated shall maintain a record in the aggregate of all
29filings and the final disposition of any such actions, to
30include dismissal, default judgment, and the grounds for any
31judgment in any action, writs associated with disposition, and
32other information the clerk of court determines necessary. The
33clerk of court shall make available to the public and report
34annually such aggregate information in such a manner prescribed
35by the supreme court as to protect the identity of the parties
-2-1while still providing the public with information regarding
2eviction proceedings in the county.
36. Upon sealing, a consumer reporting agency shall
4not disclose the existence of, or information regarding,
5an eviction action or other civil action sealed or made
6confidential under this section or use such action as a factor
7to determine any score or recommendation to be included in a
8consumer report regarding any person named in such case.
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 sealing court records of residential
13forcible entry and detainer actions.
14The bill provides that a court shall seal the court records
15of an eviction action not later than three days from the date
16of the hearing if any of the following have occurred: the
17defendant is found not guilty, the court finds there is no
18genuine issue of material fact between the parties or dismisses
19the plaintiff’s claim, the plaintiff withdraws the claim, the
20plaintiff does not appear for the hearing, or if by consent of
21both parties.
22The bill provides that upon application of a defendant found
23guilty in an eviction action for nonpayment of rent, the court
24shall seal the court records if more than three years have
25passed since disposition, the applicant has not been found
26guilty in subsequent eviction action in the three-year period
27preceding the application, and the applicant within the last 10
28years has not been granted a sealing of eviction court records.
29The application to seal shall be included in the sealed court
30records.
31The bill provides that upon sealing of court records, all
32filings, documentation, and writs of association shall be
33removed from any publicly accessible location. Court records
34sealed shall not be available for public inspection except upon
35request by the defendant or the attorney for the defendant
-3-1by filing a motion in the sealed case or application to the
2judicial branch using a form to be prescribed by the supreme
3court for scholarly, educational, journalistic, or governmental
4purposes. The bill requires the clerk of court in the county
5in which an action is originated to maintain a record in the
6aggregate of all filings and to make such information available
7to the public in such a manner prescribed by the supreme court
8as to protect the identity of the parties and to promote the
9goals of the bill by providing the public with information
10relating to eviction actions while protecting the parties
11involved.
12The bill provides that upon sealing a consumer reporting
13agency shall not disclose the existence of, or information
14regarding, an eviction action or other civil action sealed or
15made confidential under the bill or use such action as a factor
16to determine any score or recommendation to be included in a
17consumer report regarding any person named in such case.
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