Bill Text: IA HF2152 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of domestic abuse and sexual abuse dismissals.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-19 - Subcommittee recommends indefinite postponement. [HF2152 Detail]
Download: Iowa-2019-HF2152-Introduced.html
House
File
2152
-
Introduced
HOUSE
FILE
2152
BY
WOLFE
and
HITE
A
BILL
FOR
An
Act
relating
to
the
expungement
of
domestic
abuse
and
sexual
1
abuse
dismissals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
901C.4
Domestic
abuse
and
sexual
1
abuse
dismissals
——
expungement.
2
1.
a.
Except
as
provided
in
paragraph
“b”
,
upon
application
3
of
a
respondent
in
a
domestic
abuse
case
pursuant
to
chapter
4
236
or
a
sexual
abuse
case
pursuant
to
chapter
236A,
the
court
5
shall
enter
an
order
expunging
the
record
of
either
case
if
the
6
court
finds
that
the
respondent
has
established
that
all
of
the
7
following
have
occurred,
as
applicable:
8
(1)
The
court
has
entered
an
order
dismissing
the
petition
9
alleging
that
the
respondent
committed
domestic
abuse
or
sexual
10
abuse.
11
(2)
All
court
costs,
fees,
and
other
financial
obligations
12
ordered
by
the
court
or
assessed
by
the
clerk
of
the
district
13
court
against
the
respondent
have
been
paid.
14
(3)
A
minimum
of
one
hundred
eighty
days
have
passed
since
15
the
entry
of
the
judgment
of
the
order
dismissing
the
case,
16
unless
the
court
finds
good
cause
to
waive
this
requirement.
17
b.
The
court
shall
not
enter
an
order
expunging
the
record
18
of
a
case
under
paragraph
“a”
unless
all
the
parties
in
the
case
19
have
had
time
to
object
on
the
grounds
that
one
or
more
of
the
20
relevant
conditions
in
paragraph
“a”
have
not
been
established.
21
2.
The
record
in
a
case
expunged
under
this
section
is
a
22
confidential
record
exempt
from
public
access
under
section
23
22.7
but
shall
be
made
available
by
the
clerk
of
the
district
24
court,
upon
request
and
without
court
order,
to
either
the
25
respondent,
the
plaintiff,
or
to
an
agency
or
person
granted
26
access
to
the
deferred
judgment
docket
under
section
907.4,
27
subsection
2.
28
3.
This
section
applies
to
cases
filed
under
chapter
236
29
or
chapter
236A.
The
court
shall
advise
the
respondent
of
the
30
provisions
of
this
section
upon
the
dismissal
of
a
petition
31
filed
under
chapter
236
or
chapter
236A.
32
4.
The
supreme
court
may
prescribe
rules
governing
the
33
procedures
applicable
to
the
expungement
of
a
record
of
a
case
34
under
this
section.
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5.
This
section
shall
apply
to
all
relevant
cases
that
1
occurred
prior
to,
on,
or
after
January
1,
2021.
2
Sec.
2.
Section
907.1,
subsection
3,
Code
2020,
is
amended
3
to
read
as
follows:
4
3.
“Expunged”
means
the
court’s
criminal
record
with
5
reference
to
a
deferred
judgment
or
any
other
criminal
record
,
6
or
any
court
record,
that
has
been
segregated
in
a
secure
area
7
or
database
which
is
exempted
from
public
access.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
expungement
of
domestic
abuse
and
12
sexual
abuse
dismissals.
13
The
bill
provides
that
upon
application
by
a
respondent
14
in
a
domestic
abuse
case
or
a
sexual
abuse
case,
the
court
15
shall
enter
an
order
expunging
the
record
of
either
case
if
the
16
court
finds
that
the
court
has
entered
an
order
dismissing
the
17
petition
alleging
that
the
respondent
committed
domestic
abuse
18
or
sexual
abuse;
all
court
costs,
fees,
and
other
financial
19
obligations
ordered
against
the
respondent
have
been
paid;
20
and
a
minimum
of
180
days
have
passed
since
the
dismissal
21
of
the
case
unless
the
court
finds
good
cause
to
waive
the
22
requirement.
All
the
parties
in
the
case
must
be
allowed
time
23
to
object
on
the
grounds
that
one
or
more
of
the
relevant
24
conditions
for
expungement
as
specified
in
the
bill
have
been
25
met
before
the
court
is
allowed
to
enter
an
order
expunging
the
26
record
of
a
domestic
abuse
case
or
a
sexual
abuse
case.
27
The
bill
amends
the
definition
of
“expunged”
to
include
28
court
records
that
are
not
criminal
in
nature.
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