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House File 820 - ReprintedA 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 case is dismissed.
22d. The plaintiff does not appear for the hearing.
233. Upon application of a defendant found guilty in a
24residential forcible entry and detainer action for nonpayment
25of rent, the court shall enter an order sealing the record of
26the action, the existence of the petition, all filings and
27documentation within the case file, and any associated writs of
28execution, if all of the following conditions are met:
29a. More than three years have passed since the date of the
30finding of guilt.
31b. The applicant has not been found guilty in a subsequent
32forcible entry and detainer action in the three-year period
33directly preceding the application.
34c. The applicant has not previously been granted a sealing
35of a finding of guilt under this chapter within ten years prior
-1-1to the application.
2d. The applicant has paid all court costs, fees, fines, and
3any other financial obligation ordered by the court or assessed
4by the clerk of the district court in the case.
54. The application to seal the record of the action shall be
6included in the record the defendant wishes to seal, using a
7form prescribed by the supreme court.
85. Upon sealing, the existence of the petition, all filings
9and documentation within the case file, and any associated
10writs of execution shall be removed from any publicly
11accessible location under the direction of the judicial branch
12or county, as applicable. Notwithstanding chapter 22, records
13sealed upon satisfaction of the requirements specified in this
14section shall not be available for public inspection except in
15one of the following manners:
16a. Upon request by the defendant or the attorney for the
17defendant by filing a motion in the sealed case.
18b. Upon application to the judicial branch using a form
19prescribed by the supreme court for scholarly, educational,
20journalistic, or governmental purposes only, provided that in
21all cases, the names of minor children shall remain sealed
22at all times, and that the names and personally identifiable
23information of all persons named as defendants or included in
24the plaintiff’s petition shall be redacted and remain sealed
25unless the court determines that release of such information is
26necessary to fulfill the scholarly, educational, journalistic,
27or governmental purpose of the request.
28c. The clerk of court in the county in which an action is
29originated shall maintain a record in the aggregate of all
30filings and the final disposition of any such actions, to
31include dismissal, default judgment, and writs associated with
32disposition. The clerk of court shall make available to the
33public and report annually such aggregate information in such
34a manner prescribed by the supreme court as to protect the
35identity of the parties while still providing the public with
-2-1information regarding eviction proceedings in the county.
26. Upon sealing, a consumer reporting agency shall
3not disclose the existence of, or information regarding,
4an eviction action or other civil action sealed or made
5confidential under this section or use such action as a factor
6to determine any score or recommendation to be included in a
7consumer report regarding any person named in such case.
87. This section shall not apply to a money judgment awarded
9for an action that was filed with a forcible entry and detainer
10action or arising from the same set of facts and circumstances.
cm/jh/md
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 case is dismissed.
22d. The plaintiff does not appear for the hearing.
233. Upon application of a defendant found guilty in a
24residential forcible entry and detainer action for nonpayment
25of rent, the court shall enter an order sealing the record of
26the action, the existence of the petition, all filings and
27documentation within the case file, and any associated writs of
28execution, if all of the following conditions are met:
29a. More than three years have passed since the date of the
30finding of guilt.
31b. The applicant has not been found guilty in a subsequent
32forcible entry and detainer action in the three-year period
33directly preceding the application.
34c. The applicant has not previously been granted a sealing
35of a finding of guilt under this chapter within ten years prior
-1-1to the application.
2d. The applicant has paid all court costs, fees, fines, and
3any other financial obligation ordered by the court or assessed
4by the clerk of the district court in the case.
54. The application to seal the record of the action shall be
6included in the record the defendant wishes to seal, using a
7form prescribed by the supreme court.
85. Upon sealing, the existence of the petition, all filings
9and documentation within the case file, and any associated
10writs of execution shall be removed from any publicly
11accessible location under the direction of the judicial branch
12or county, as applicable. Notwithstanding chapter 22, records
13sealed upon satisfaction of the requirements specified in this
14section shall not be available for public inspection except in
15one of the following manners:
16a. Upon request by the defendant or the attorney for the
17defendant by filing a motion in the sealed case.
18b. Upon application to the judicial branch using a form
19prescribed by the supreme court for scholarly, educational,
20journalistic, or governmental purposes only, provided that in
21all cases, the names of minor children shall remain sealed
22at all times, and that the names and personally identifiable
23information of all persons named as defendants or included in
24the plaintiff’s petition shall be redacted and remain sealed
25unless the court determines that release of such information is
26necessary to fulfill the scholarly, educational, journalistic,
27or governmental purpose of the request.
28c. The clerk of court in the county in which an action is
29originated shall maintain a record in the aggregate of all
30filings and the final disposition of any such actions, to
31include dismissal, default judgment, and writs associated with
32disposition. The clerk of court shall make available to the
33public and report annually such aggregate information in such
34a manner prescribed by the supreme court as to protect the
35identity of the parties while still providing the public with
-2-1information regarding eviction proceedings in the county.
26. Upon sealing, a consumer reporting agency shall
3not disclose the existence of, or information regarding,
4an eviction action or other civil action sealed or made
5confidential under this section or use such action as a factor
6to determine any score or recommendation to be included in a
7consumer report regarding any person named in such case.
87. This section shall not apply to a money judgment awarded
9for an action that was filed with a forcible entry and detainer
10action or arising from the same set of facts and circumstances.
cm/jh/md