Bill Text: IA HF2250 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to expungement of a conviction of theft in the fifth degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-13 - Introduced, referred to Judiciary. H.J. 240. [HF2250 Detail]
Download: Iowa-2013-HF2250-Introduced.html
House
File
2250
-
Introduced
HOUSE
FILE
2250
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
expungement
of
a
conviction
of
theft
in
the
1
fifth
degree.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
2250
Section
1.
Section
714.2,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6.
Upon
the
expiration
of
two
years
3
following
a
conviction
for
a
violation
of
subsection
5,
a
4
person
who
was
under
the
age
of
twenty-one
at
the
time
of
a
5
violation
may
petition
the
court
to
expunge
the
conviction,
6
and
if
the
person
has
had
no
other
criminal
convictions,
other
7
than
simple
misdemeanor
violations
of
chapter
321
during
the
8
two-year
period,
the
conviction
shall
be
expunged
as
a
matter
9
of
law.
The
court
shall
enter
an
order
that
the
record
of
the
10
conviction
be
expunged
by
the
clerk
of
the
district
court.
11
Notwithstanding
section
692.2,
after
receipt
of
notice
from
12
the
clerk
of
the
district
court
that
a
record
of
conviction
13
has
been
expunged
for
a
violation
of
subsection
5,
the
record
14
of
conviction
shall
be
removed
from
the
criminal
history
data
15
files
maintained
by
the
department
of
public
safety.
An
16
expunged
conviction
shall
not
be
considered
a
prior
offense
for
17
purposes
of
enhancement
under
applicable
state
law
unless
a
new
18
violation
occurred
prior
to
entry
of
the
order
of
expungement.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
allows
a
person
who
is
under
the
age
of
21
at
23
the
time
the
person
commits
an
offense
of
theft
in
the
fifth
24
degree
to
have
the
conviction
of
theft
in
the
fifth
degree
25
expunged,
if
the
person
has
no
other
criminal
convictions
other
26
than
simple
misdemeanor
violations
of
Code
chapter
321.
The
27
bill
requires
the
district
court
to
instruct
the
clerk
of
the
28
district
court
to
expunge
the
record
of
conviction,
and
the
29
record
of
conviction
shall
be
removed
from
the
criminal
history
30
files
maintained
by
the
department
of
public
safety.
31
The
bill
also
provides
that
the
expunged
conviction
shall
32
not
be
considered
a
prior
offense
for
purposes
of
enhancement
33
unless
a
new
violation
occurred
before
the
conviction
is
34
expunged.
35
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