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House File 820 - 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 writs associated with
31disposition. The clerk of court shall make available to the
32public and report annually such aggregate information in such
33a manner prescribed by the supreme court as to protect the
34identity of the parties while still providing the public with
35information regarding eviction proceedings in the county.
-2- 16. Upon sealing, a consumer reporting agency shall
2not disclose the existence of, or information regarding,
3an eviction action or other civil action sealed or made
4confidential under this section or use such action as a factor
5to determine any score or recommendation to be included in a
6consumer report regarding any person named in such case.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to sealing court records of residential
11forcible entry and detainer actions.
12The bill provides that a court shall seal the court records
13of an eviction action not later than three days from the date
14of the hearing if any of the following have occurred: the
15defendant is found not guilty, the court finds there is no
16genuine issue of material fact between the parties or dismisses
17the plaintiff’s claim, the plaintiff withdraws the claim, the
18plaintiff does not appear for the hearing, or if by consent of
19both parties.
20The bill provides that upon application of a defendant found
21guilty in an eviction action for nonpayment of rent, the court
22shall seal the court records if more than three years have
23passed since disposition, the applicant has not been found
24guilty in subsequent eviction action in the three-year period
25preceding the application, and the applicant within the last 10
26years has not been granted a sealing of eviction court records.
27The application to seal shall be included in the sealed court
28records.
29The bill provides that upon sealing of court records, all
30filings, documentation, and writs of association shall be
31removed from any publicly accessible location. Court records
32sealed shall not be available for public inspection except upon
33request by the defendant or the attorney for the defendant
34by filing a motion in the sealed case or application to the
35judicial branch using a form to be prescribed by the supreme
-3-1court for scholarly, educational, journalistic, or governmental
2purposes. The bill requires the clerk of court in the county
3in which an action is originated to maintain a record in the
4aggregate of all filings and to make such information available
5to the public in such a manner prescribed by the supreme court
6as to protect the identity of the parties while still providing
7the public with information relating to eviction actions in the
8county.
9The bill provides that upon sealing a consumer reporting
10agency shall not disclose the existence of, or information
11regarding, an eviction action or other civil action sealed or
12made confidential under the bill or use such action as a factor
13to determine any score or recommendation to be included in a
14consumer report regarding any person named in such case.
-4-cm/jh
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 writs associated with
31disposition. The clerk of court shall make available to the
32public and report annually such aggregate information in such
33a manner prescribed by the supreme court as to protect the
34identity of the parties while still providing the public with
35information regarding eviction proceedings in the county.
-2- 16. Upon sealing, a consumer reporting agency shall
2not disclose the existence of, or information regarding,
3an eviction action or other civil action sealed or made
4confidential under this section or use such action as a factor
5to determine any score or recommendation to be included in a
6consumer report regarding any person named in such case.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to sealing court records of residential
11forcible entry and detainer actions.
12The bill provides that a court shall seal the court records
13of an eviction action not later than three days from the date
14of the hearing if any of the following have occurred: the
15defendant is found not guilty, the court finds there is no
16genuine issue of material fact between the parties or dismisses
17the plaintiff’s claim, the plaintiff withdraws the claim, the
18plaintiff does not appear for the hearing, or if by consent of
19both parties.
20The bill provides that upon application of a defendant found
21guilty in an eviction action for nonpayment of rent, the court
22shall seal the court records if more than three years have
23passed since disposition, the applicant has not been found
24guilty in subsequent eviction action in the three-year period
25preceding the application, and the applicant within the last 10
26years has not been granted a sealing of eviction court records.
27The application to seal shall be included in the sealed court
28records.
29The bill provides that upon sealing of court records, all
30filings, documentation, and writs of association shall be
31removed from any publicly accessible location. Court records
32sealed shall not be available for public inspection except upon
33request by the defendant or the attorney for the defendant
34by filing a motion in the sealed case or application to the
35judicial branch using a form to be prescribed by the supreme
-3-1court for scholarly, educational, journalistic, or governmental
2purposes. The bill requires the clerk of court in the county
3in which an action is originated to maintain a record in the
4aggregate of all filings and to make such information available
5to the public in such a manner prescribed by the supreme court
6as to protect the identity of the parties while still providing
7the public with information relating to eviction actions in the
8county.
9The bill provides that upon sealing a consumer reporting
10agency shall not disclose the existence of, or information
11regarding, an eviction action or other civil action sealed or
12made confidential under the bill or use such action as a factor
13to determine any score or recommendation to be included in a
14consumer report regarding any person named in such case.
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