Bill Text: IA HF2379 | 2011-2012 | 84th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to expunging certain criminal records, and including applicability provisions. Effective 7-1-12.

Spectrum: Committee Bill

Status: (Passed) 2012-04-04 - Signed by Governor. H.J. 755. [HF2379 Detail]

Download: Iowa-2011-HF2379-Introduced.html

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House File 2379 - Introduced
HOUSE FILE 2379
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2157)
A BILL FOR
An Act relating to expunging certain criminal records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 907.1, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 2A. “Expunged” means the court’s criminal
record with reference to a deferred judgment has been
segregated in a secure area or database which is exempted from
public access.
Sec. 2. Section 907.4, Code Supplement 2011, is amended to
read as follows:
907.4 Deferred judgment docket.
1. A deferment of judgment under section 907.3 shall be
entered promptly by the clerk of the district court, or the
clerk’s designee, into the deferred judgment database of the
state, which shall serve as the deferred judgment docket. The
deferred judgment docket shall be maintained by the state court
administrator and shall not be destroyed. The docket shall
contain a permanent record of the deferred judgment including
the name and date of birth of the defendant, the district court
docket number, the nature of the offense, and the date of the
deferred judgment. Before granting deferred judgment in any
case, the court shall search the deferred judgment docket and
shall consider any prior record of a deferred judgment against
the defendant.
2. The permanent record provided for in this section
is a confidential record exempted from public access under
section 22.7 and shall be available only to justices of the
supreme court, judges of the court of appeals, district judges,
district associate judges, judicial magistrates, clerks of the
district court, judicial district departments of correctional
services, county attorneys, the department of public safety,
and the department of corrections requesting information
pursuant to this section , or the designee of a justice, judge,
magistrate, clerk, judicial district department of correctional
services, or county attorney, or departments.
Sec. 3. Section 907.9, subsection 4, Code 2011, is amended
to read as follows:
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H.F. 2379
4. At the expiration of the period of probation if the
fees imposed under section 905.14 and court debt collected
pursuant to section 602.8107 have been paid, the court shall
order the discharge of the person from probation. If portions
of the court debt remain unpaid, the person shall establish a
payment plan with the clerk of the district court or the county
attorney prior to the discharge. The court shall forward to
the governor a recommendation for or against restoration of
citizenship rights to that person upon discharge. A person
who has been discharged from probation shall no longer be
held to answer for the person’s offense. Upon discharge
from probation, if judgment has been deferred under section
907.3 , the court’s criminal record with reference to the
deferred judgment , any counts dismissed by the court, which
were contained in the indictment, information, or complaint
that resulted in the deferred judgment, and any other related
charges that were not contained in the indictment, information,
or complaint but were dismissed, shall be expunged. The record
maintained by the state court administrator as required by
section 907.4 shall not be expunged. However, the court’s
record shall not be expunged until the person has paid the
restitution, civil penalties, court costs, fines, fees, or
other financial obligations ordered by the court or assessed
by the clerk of the district court in the case that includes
the deferred judgment. The expunged record is a confidential
record exempt from public access under section 22.7 but shall
be made available by the clerk of the district court, upon
request and without court order, to an agency or person granted
access to the deferred judgment docket under section 907.4,
subsection 2. The court’s record shall not be expunged in any
other circumstances unless authorized by law .
EXPLANATION
This bill relates to expunging certain criminal records.
The bill defines “expunged” to mean the court’s criminal
record with reference to a deferred judgment has been
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H.F. 2379
segregated in a secure area or database exempt from public
access.
The bill specifies that the state court administrator shall
maintain the deferred judgment docket which shall not be
destroyed.
Under the bill, upon the discharge of a person on probation
for a deferred judgment, the court’s criminal record of any
counts dismissed by the court, which were contained in the
indictment, information, or complaint that resulted in the
deferred judgment, and any other related charges that were not
contained in the indictment, information, or complaint but were
dismissed, shall be expunged in the same manner as the record
of the deferred judgment is expunged.
However, the bill specifies that the court’s record shall
not be expunged until the person has paid the restitution
costs and fees assessed in the case that includes the deferred
judgement.
The bill also specifies that an expunged record is a
confidential record exempt from public access under Code
section 22.7 but shall be made available by the clerk of the
district court, upon request and without court order, to an
agency or person granted access to the deferred judgment docket
under Code section 907.4.
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