Bill Text: IA HF2379 | 2011-2012 | 84th General Assembly | Enrolled

---

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-Enrolled.html

---

House File 2379
AN ACT
RELATING TO EXPUNGING CERTAIN CRIMINAL RECORDS, AND INCLUDING
APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 907.1, Code 2011, is amended by adding
the following new subsection:
NEW SUBSECTION . 2A. “Expunged” means the court’s criminal
record with reference to a deferred judgment or any other
criminal record that has been segregated in a secure area or
database which is exempted from public access.
Sec. 2. Section 907.4, Code Supplement 2011, is amended to
read as follows:
907.4 Deferred judgment docket.

House File 2379, p. 2
1. A deferment of judgment under section 907.3 shall be
entered promptly by the clerk of the district court, or the
clerk’s designee, into the deferred judgment database of the
state, which shall serve as the deferred judgment docket. The
deferred judgment docket shall be maintained by the state court
administrator and shall not be destroyed. The docket shall
contain a permanent record of the deferred judgment including
the name and date of birth of the defendant, the district court
docket number, the nature of the offense, and the date of the
deferred judgment. Before granting deferred judgment in any
case, the court shall search the deferred judgment docket and
shall consider any prior record of a deferred judgment against
the defendant.
2. The permanent record provided for in this section
is a confidential record exempted from public access under
section 22.7 and shall be available only to justices of the
supreme court, judges of the court of appeals, district judges,
district associate judges, judicial magistrates, clerks of the
district court, judicial district departments of correctional
services, county attorneys, the department of public safety,
and the department of corrections requesting information
pursuant to this section , or the designee of a justice, judge,
magistrate, clerk, judicial district department of correctional
services, or county attorney, or departments.
Sec. 3. Section 907.9, subsection 4, Code 2011, is amended
to read as follows:
4. a. At the expiration of the period of probation if the
fees imposed under section 905.14 and court debt collected
pursuant to section 602.8107 have been paid, the court shall
order the discharge of the person from probation. If portions
of the court debt remain unpaid, the person shall establish a
payment plan with the clerk of the district court or the county
attorney prior to the discharge. The court shall forward to
the governor a recommendation for or against restoration of
citizenship rights to that person upon discharge. A person who
has been discharged from probation shall no longer be held to
answer for the person’s offense.
b. Upon discharge from probation, if judgment has been
deferred under section 907.3 , the court’s criminal record with
reference to the deferred judgment , any counts dismissed by the
court, which were contained in the indictment, information,
or complaint that resulted in the deferred judgment, and
any other related charges that were not contained in the

House File 2379, p. 3
indictment, information, or complaint but were dismissed,
shall be expunged. The record maintained by the state court
administrator as required by section 907.4 shall not be
expunged. However, the court’s record shall not be expunged
until the person has paid the restitution, civil penalties,
court costs, fees, or other financial obligations ordered by
the court or assessed by the clerk of the district court in
the case that includes the deferred judgment. The expunged
record is a confidential record exempt from public access under
section 22.7 but shall be made available by the clerk of the
district court, upon request and without court order, to an
agency or person granted access to the deferred judgment docket
under section 907.4, subsection 2. The court’s record shall
not be expunged in any other circumstances unless authorized
by law .
c. A dismissed count or related charge shall be expunged
pursuant to the provisions of paragraph “b” in the following
manner:
(1) A count which was contained in the indictment,
information, or complaint that resulted in the deferred
judgment shall be expunged when the deferred judgment is
expunged.
(2) A related charge that was not contained in the
indictment, information, or complaint that resulted in the
deferred judgment shall only be expunged upon a court order
that identifies the related charge to be expunged.
d. A count or related charge that was dismissed shall not be
expunged pursuant to paragraph “c” in any case in which a count
or charge resulted in a conviction that was not expunged.
e. The provisions of paragraph “c” apply whether the
deferred judgment was expunged prior to the effective date of
this Act, or on or after the effective date of this Act.
f. The provisions of paragraph “b” that require payment
of financial obligations as a condition for expungement of a
deferred judgment apply to any deferred judgment that has not
been expunged prior to the effective date of this Act.
g. For purposes of this subsection, a charge or count is
related to another charge or count if the charge or count arose
from the same transaction or occurrence or from two or more
transactions or occurrences constituting parts of a common
scheme or plan.
Sec. 4. APPLICABILITY AND COMPLIANCE. The judicial branch
shall have until July 1, 2013, to comply with the provisions of

House File 2379, p. 4
this Act on expungement of the court’s record of a dismissed
count or related charge.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2379, Eighty-fourth General Assembly.
______________________________
W. CHARLES SMITHSON
Chief Clerk of the House
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor