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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to expunging certain criminal records, and including applicability provisions. Effective 7-1-12.

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

Download: Iowa-2011-HF2379-Introduced.html
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. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5626HV (2) 84 jm/rj
H.F. 2379 Section 1. Section 907.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Expunged” means the court’s criminal 3 record with reference to a deferred judgment has been 4 segregated in a secure area or database which is exempted from 5 public access. 6 Sec. 2. Section 907.4, Code Supplement 2011, is amended to 7 read as follows: 8 907.4 Deferred judgment docket. 9 1. A deferment of judgment under section 907.3 shall be 10 entered promptly by the clerk of the district court, or the 11 clerk’s designee, into the deferred judgment database of the 12 state, which shall serve as the deferred judgment docket. The 13 deferred judgment docket shall be maintained by the state court 14 administrator and shall not be destroyed. The docket shall 15 contain a permanent record of the deferred judgment including 16 the name and date of birth of the defendant, the district court 17 docket number, the nature of the offense, and the date of the 18 deferred judgment. Before granting deferred judgment in any 19 case, the court shall search the deferred judgment docket and 20 shall consider any prior record of a deferred judgment against 21 the defendant. 22 2. The permanent record provided for in this section 23 is a confidential record exempted from public access under 24 section 22.7 and shall be available only to justices of the 25 supreme court, judges of the court of appeals, district judges, 26 district associate judges, judicial magistrates, clerks of the 27 district court, judicial district departments of correctional 28 services, county attorneys, the department of public safety, 29 and the department of corrections requesting information 30 pursuant to this section , or the designee of a justice, judge, 31 magistrate, clerk, judicial district department of correctional 32 services, or county attorney, or departments. 33 Sec. 3. Section 907.9, subsection 4, Code 2011, is amended 34 to read as follows: 35 -1- LSB 5626HV (2) 84 jm/rj 1/ 3
H.F. 2379 4. At the expiration of the period of probation if the 1 fees imposed under section 905.14 and court debt collected 2 pursuant to section 602.8107 have been paid, the court shall 3 order the discharge of the person from probation. If portions 4 of the court debt remain unpaid, the person shall establish a 5 payment plan with the clerk of the district court or the county 6 attorney prior to the discharge. The court shall forward to 7 the governor a recommendation for or against restoration of 8 citizenship rights to that person upon discharge. A person 9 who has been discharged from probation shall no longer be 10 held to answer for the person’s offense. Upon discharge 11 from probation, if judgment has been deferred under section 12 907.3 , the court’s criminal record with reference to the 13 deferred judgment , any counts dismissed by the court, which 14 were contained in the indictment, information, or complaint 15 that resulted in the deferred judgment, and any other related 16 charges that were not contained in the indictment, information, 17 or complaint but were dismissed, shall be expunged. The record 18 maintained by the state court administrator as required by 19 section 907.4 shall not be expunged. However, the court’s 20 record shall not be expunged until the person has paid the 21 restitution, civil penalties, court costs, fines, fees, or 22 other financial obligations ordered by the court or assessed 23 by the clerk of the district court in the case that includes 24 the deferred judgment. The expunged record is a confidential 25 record exempt from public access under section 22.7 but shall 26 be made available by the clerk of the district court, upon 27 request and without court order, to an agency or person granted 28 access to the deferred judgment docket under section 907.4, 29 subsection 2. The court’s record shall not be expunged in any 30 other circumstances unless authorized by law . 31 EXPLANATION 32 This bill relates to expunging certain criminal records. 33 The bill defines “expunged” to mean the court’s criminal 34 record with reference to a deferred judgment has been 35 -2- LSB 5626HV (2) 84 jm/rj 2/ 3
H.F. 2379 segregated in a secure area or database exempt from public 1 access. 2 The bill specifies that the state court administrator shall 3 maintain the deferred judgment docket which shall not be 4 destroyed. 5 Under the bill, upon the discharge of a person on probation 6 for a deferred judgment, the court’s criminal record of any 7 counts dismissed by the court, which were contained in the 8 indictment, information, or complaint that resulted in the 9 deferred judgment, and any other related charges that were not 10 contained in the indictment, information, or complaint but were 11 dismissed, shall be expunged in the same manner as the record 12 of the deferred judgment is expunged. 13 However, the bill specifies that the court’s record shall 14 not be expunged until the person has paid the restitution 15 costs and fees assessed in the case that includes the deferred 16 judgement. 17 The bill also specifies that an expunged record is a 18 confidential record exempt from public access under Code 19 section 22.7 but shall be made available by the clerk of the 20 district court, upon request and without court order, to an 21 agency or person granted access to the deferred judgment docket 22 under Code section 907.4. 23 -3- LSB 5626HV (2) 84 jm/rj 3/ 3
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