Bill Text: IA HF238 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of simple misdemeanors and of violations of similar local ordinances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-02-07 - Introduced, referred to Judiciary. H.J. 239. [HF238 Detail]
Download: Iowa-2017-HF238-Introduced.html
House File 238 - Introduced HOUSE FILE BY OLSON A BILL FOR 1 An Act relating to the expungement of simple misdemeanors and 2 of violations of similar local ordinances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1092YH (4) 87 jm/rj PAG LIN 1 1 Section 1. Section 123.46, subsection 6, Code 2017, is 1 2 amended by striking the subsection. 1 3 Sec. 2. Section 123.47, subsection 8, Code 2017, is amended 1 4 by striking the subsection. 1 5 Sec. 3. NEW SECTION. 901C.3 Simple misdemeanor and similar 1 6 local ordinance violations ==== expungement. 1 7 1. Upon the expiration of two years following a person's 1 8 conviction of a simple misdemeanor or violation of any similar 1 9 local ordinance, the person may petition the court to expunge 1 10 the conviction, and if the person has had no other criminal 1 11 convictions, other than local traffic violations or simple 1 12 misdemeanor violations of chapter 321 during the two=year 1 13 period, the conviction shall be expunged as a matter of law. 1 14 2. The court shall enter an order that the record of the 1 15 conviction be expunged by the clerk of the district court. 1 16 Notwithstanding section 692.2, the clerk of the district court 1 17 shall send a receipt of notice to the department of public 1 18 safety that a record of conviction of a simple misdemeanor or a 1 19 violation of a similar local ordinance has been expunged, and 1 20 the record of conviction shall be removed from the criminal 1 21 history data files maintained by the department if such a 1 22 record was maintained in its criminal history data files. 1 23 3. An expunged conviction shall not be considered a prior 1 24 offense for purposes of enhancement unless the new violation 1 25 occurred prior to entry of the order of expungement. 1 26 EXPLANATION 1 27 The inclusion of this explanation does not constitute agreement with 1 28 the explanation's substance by the members of the general assembly. 1 29 This bill relates to the expungement of simple misdemeanors 1 30 and violations of similar local ordinances. 1 31 The bill strikes the expungement process under Code sections 1 32 123.46(6) and 123.47(8) that relate to simple misdemeanor 1 33 alcohol consumption offenses and local ordinances that arise 1 34 out of the same transaction or occurrence as the simple 1 35 misdemeanor and replaces such processes with the expungement 2 1 process under the bill. 2 2 The expungement process under the bill provides that upon 2 3 the expiration of two years following conviction of a simple 2 4 misdemeanor or conviction for a violation of a similar local 2 5 ordinance, a person may petition the court to expunge the 2 6 conviction if the person has no other criminal convictions, 2 7 other than local traffic violations or simple misdemeanor 2 8 violations of Code chapter 321 during the two=year period, and 2 9 the conviction shall be expunged as a matter of law. The bill 2 10 also provides that the clerk of the district court shall send 2 11 a receipt of notice to the department of public safety that a 2 12 record of conviction of a simple misdemeanor or a violation of 2 13 a similar local ordinance has been expunged, and the record 2 14 of conviction shall be removed from the criminal history 2 15 data files maintained by the department if such a record was 2 16 maintained in its criminal history data files. 2 17 The bill also provides that an expunged conviction shall 2 18 not be considered a prior offense for purposes of enhancement 2 19 unless the new violation occurred prior to entry of the order 2 20 of expungement. LSB 1092YH (4) 87 jm/rj
