Bill Text: IA HF2379 | 2011-2012 | 84th General Assembly | Amended
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-Amended.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-Amended.html
House
File
2379
-
Reprinted
HOUSE
FILE
2379
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2157)
(As
Amended
and
Passed
by
the
House
March
12,
2012
)
A
BILL
FOR
An
Act
relating
to
expunging
certain
criminal
records,
and
1
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
HF
2379
(4)
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
or
any
other
4
criminal
record
that
has
been
segregated
in
a
secure
area
or
5
database
which
is
exempted
from
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-
HF
2379
(4)
84
jm/rj
1/
3
H.F.
2379
4.
a.
At
the
expiration
of
the
period
of
probation
if
1
the
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
who
9
has
been
discharged
from
probation
shall
no
longer
be
held
to
10
answer
for
the
person’s
offense.
11
b.
Upon
discharge
from
probation,
if
judgment
has
been
12
deferred
under
section
907.3
,
the
court’s
criminal
record
with
13
reference
to
the
deferred
judgment
,
any
counts
dismissed
by
the
14
court,
which
were
contained
in
the
indictment,
information,
15
or
complaint
that
resulted
in
the
deferred
judgment,
and
16
any
other
related
charges
that
were
not
contained
in
the
17
indictment,
information,
or
complaint
but
were
dismissed,
18
shall
be
expunged.
The
record
maintained
by
the
state
court
19
administrator
as
required
by
section
907.4
shall
not
be
20
expunged.
However,
the
court’s
record
shall
not
be
expunged
21
until
the
person
has
paid
the
restitution,
civil
penalties,
22
court
costs,
fees,
or
other
financial
obligations
ordered
by
23
the
court
or
assessed
by
the
clerk
of
the
district
court
in
24
the
case
that
includes
the
deferred
judgment.
The
expunged
25
record
is
a
confidential
record
exempt
from
public
access
under
26
section
22.7
but
shall
be
made
available
by
the
clerk
of
the
27
district
court,
upon
request
and
without
court
order,
to
an
28
agency
or
person
granted
access
to
the
deferred
judgment
docket
29
under
section
907.4,
subsection
2.
The
court’s
record
shall
30
not
be
expunged
in
any
other
circumstances
unless
authorized
31
by
law
.
32
c.
A
dismissed
count
or
related
charge
shall
be
expunged
33
pursuant
to
the
provisions
of
paragraph
“b”
in
the
following
34
manner:
35
-2-
HF
2379
(4)
84
jm/rj
2/
3
H.F.
2379
(1)
A
count
which
was
contained
in
the
indictment,
1
information,
or
complaint
that
resulted
in
the
deferred
2
judgment
shall
be
expunged
when
the
deferred
judgment
is
3
expunged.
4
(2)
A
related
charge
that
was
not
contained
in
the
5
indictment,
information,
or
complaint
that
resulted
in
the
6
deferred
judgment
shall
only
be
expunged
upon
a
court
order
7
that
identifies
the
related
charge
to
be
expunged.
8
d.
A
count
or
related
charge
that
was
dismissed
shall
not
be
9
expunged
pursuant
to
paragraph
“c”
in
any
case
in
which
a
count
10
or
charge
resulted
in
a
conviction
that
was
not
expunged.
11
e.
The
provisions
of
paragraph
“c”
apply
whether
the
12
deferred
judgment
was
expunged
prior
to
the
effective
date
of
13
this
Act,
or
on
or
after
the
effective
date
of
this
Act.
14
f.
The
provisions
of
paragraph
“b”
that
require
payment
15
of
financial
obligations
as
a
condition
for
expungement
of
a
16
deferred
judgment
apply
to
any
deferred
judgment
that
has
not
17
been
expunged
prior
to
the
effective
date
of
this
Act.
18
g.
For
purposes
of
this
subsection,
a
charge
or
count
is
19
related
to
another
charge
or
count
if
the
charge
or
count
arose
20
from
the
same
transaction
or
occurrence
or
from
two
or
more
21
transactions
or
occurrences
constituting
parts
of
a
common
22
scheme
or
plan.
23
Sec.
4.
APPLICABILITY
AND
COMPLIANCE.
The
judicial
branch
24
shall
have
until
July
1,
2013,
to
comply
with
the
provisions
of
25
this
Act
on
expungement
of
the
court’s
record
of
a
dismissed
26
count
or
related
charge.
27
-3-
HF
2379
(4)
84
jm/rj
3/
3
