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.
Spectrum: Committee Bill
Status: (Passed) 2012-04-04 - Signed by Governor. H.J. 755. [HF2379 Detail]
Download: Iowa-2011-HF2379-Introduced.html
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
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
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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:
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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
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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
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