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Senate File 292 - IntroducedA Bill ForAn Act 1relating to the sealing of certain criminal offenders’
2juvenile delinquency records.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.150, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. If the person was adjudicated delinquent for an
4offense which if committed by an adult would be an aggravated
5misdemeanor or a felony, the court shall not order the records
6in the case sealed unless, upon application of the person or
7upon the court’s own motion and after hearing, the court finds
8that any of the following apply:
9(1) Thatparagraph “a”, subparagraphs (1) and (2), apply and
10that the sealing is in the best interests of the person and the
11public.
12(2) If the person has been convicted of a felony or
13an aggravated or serious misdemeanor subsequent to the
14adjudication, that the person has served in the military and
15received an honorable discharge or a general discharge under
16honorable conditions.
17(3) If the person has been convicted of a felony or
18an aggravated or serious misdemeanor subsequent to the
19adjudication, that ten years have elapsed since the conviction.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the sealing of juvenile delinquency
24records for certain criminal offenders.
25Current law provides that a person, who was adjudicated
26delinquent for an offense which if committed by an adult would
27be an aggravated misdemeanor or a felony, may have the person’s
28juvenile delinquency records sealed, if, upon the application
29of the person or the court’s motion and after a hearing, the
30court finds that the following conditions have been met: the
31person is at least 18 years of age and two years have elapsed
32since the last official action in the person’s case, that the
33person has not been subsequently convicted of a felony or an
34aggravated or serious misdemeanor or adjudicated a delinquent
35child for an act which if committed by an adult would be a
-1-1felony, an aggravated misdemeanor, or a serious misdemeanor
2and no proceeding is pending seeking such conviction or
3adjudication, and that the sealing is in the best interest of
4the person and the public.
5The bill amends the current law to allow the sealing of
6such a person’s juvenile delinquency records, without meeting
7the conditions set out above, but requiring the following
8two alternative conditions of a person who, subsequent to
9the juvenile adjudication, was convicted of a felony or an
10aggravated or serious misdemeanor: that the person has served
11in the military and received an honorable discharge or a
12general discharge under honorable conditions or that 10 years
13have passed since the person’s conviction for the felony or
14aggravated or serious misdemeanor.
-2-hb/rj
2juvenile delinquency records.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 232.150, subsection 1, paragraph b, Code
22017, is amended to read as follows:
3b. If the person was adjudicated delinquent for an
4offense which if committed by an adult would be an aggravated
5misdemeanor or a felony, the court shall not order the records
6in the case sealed unless, upon application of the person or
7upon the court’s own motion and after hearing, the court finds
8that any of the following apply:
9(1) Thatparagraph “a”, subparagraphs (1) and (2), apply and
10that the sealing is in the best interests of the person and the
11public.
12(2) If the person has been convicted of a felony or
13an aggravated or serious misdemeanor subsequent to the
14adjudication, that the person has served in the military and
15received an honorable discharge or a general discharge under
16honorable conditions.
17(3) If the person has been convicted of a felony or
18an aggravated or serious misdemeanor subsequent to the
19adjudication, that ten years have elapsed since the conviction.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to the sealing of juvenile delinquency
24records for certain criminal offenders.
25Current law provides that a person, who was adjudicated
26delinquent for an offense which if committed by an adult would
27be an aggravated misdemeanor or a felony, may have the person’s
28juvenile delinquency records sealed, if, upon the application
29of the person or the court’s motion and after a hearing, the
30court finds that the following conditions have been met: the
31person is at least 18 years of age and two years have elapsed
32since the last official action in the person’s case, that the
33person has not been subsequently convicted of a felony or an
34aggravated or serious misdemeanor or adjudicated a delinquent
35child for an act which if committed by an adult would be a
-1-1felony, an aggravated misdemeanor, or a serious misdemeanor
2and no proceeding is pending seeking such conviction or
3adjudication, and that the sealing is in the best interest of
4the person and the public.
5The bill amends the current law to allow the sealing of
6such a person’s juvenile delinquency records, without meeting
7the conditions set out above, but requiring the following
8two alternative conditions of a person who, subsequent to
9the juvenile adjudication, was convicted of a felony or an
10aggravated or serious misdemeanor: that the person has served
11in the military and received an honorable discharge or a
12general discharge under honorable conditions or that 10 years
13have passed since the person’s conviction for the felony or
14aggravated or serious misdemeanor.
-2-hb/rj