Bill Text: IA HF232 | 2015-2016 | 86th General Assembly | Introduced

Iowa House Bill 232 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to expungement of a conviction of theft in the fifth degree.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-02-11 - Introduced, referred to Judiciary. H.J. 303. [HF232 Detail]

Download: Iowa-2015-HF232-Introduced.html

House File 232 - Introduced




                                 HOUSE FILE       
                                 BY  DAWSON

                                      A BILL FOR

  1 An Act relating to expungement of a conviction of theft in the
  2    fifth degree.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 714.2, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  6.  Upon the expiration of two years
  1  4 following a conviction for a violation of subsection 5, a
  1  5 person who was under the age of twenty=one at the time of a
  1  6 violation may petition the court to expunge the conviction,
  1  7 and if the person has had no other criminal convictions, other
  1  8 than simple misdemeanor violations of chapter 321 during the
  1  9 two=year period, the conviction shall be expunged as a matter
  1 10 of law. The court shall enter an order that the record of the
  1 11 conviction be expunged by the clerk of the district court.
  1 12 Notwithstanding section 692.2, after receipt of notice from
  1 13 the clerk of the district court that a record of conviction
  1 14 has been expunged for a violation of subsection 5, the record
  1 15 of conviction shall be removed from the criminal history data
  1 16 files maintained by the department of public safety. An
  1 17 expunged conviction shall not be considered a prior offense for
  1 18 purposes of enhancement under applicable state law unless a new
  1 19 violation occurred prior to entry of the order of expungement.
  1 20                           EXPLANATION
  1 21 The inclusion of this explanation does not constitute agreement with
  1 22 the explanation's substance by the members of the general assembly.
  1 23    This bill allows a person who is under the age of 21 at
  1 24 the time the person commits an offense of theft in the fifth
  1 25 degree to have the conviction of theft in the fifth degree
  1 26 expunged, if the person has no other criminal convictions other
  1 27 than simple misdemeanor violations of Code chapter 321. The
  1 28 bill requires the district court to instruct the clerk of the
  1 29 district court to expunge the record of conviction, and the
  1 30 record of conviction shall be removed from the criminal history
  1 31 files maintained by the department of public safety.
  1 32    The bill also provides that the expunged conviction shall
  1 33 not be considered a prior offense for purposes of enhancement
  1 34 unless a new violation occurred before the conviction is
  1 35 expunged.
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