Bill Text: IA HF2452 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the expungement of simple misdemeanor offenses. (Formerly HF 2066.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. H.J. 594. [HF2452 Detail]

Download: Iowa-2017-HF2452-Introduced.html

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House File 2452 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HF 2066)

                                      A BILL FOR

  1 An Act relating to the expungement of simple misdemeanor
  2    offenses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5203HV (4) 87
    jm/rh

PAG LIN



  1  1    Section 1.  NEW SECTION.  901C.3  Simple misdemeanor ==
  1  2 expungement.
  1  3    1.  Upon application of a defendant convicted of a simple
  1  4 misdemeanor, the court shall enter an order expunging the
  1  5 record of such criminal case as a matter of law if the court
  1  6 finds the defendant has established any of the following:
  1  7    a.  More than five years have passed since the date of the
  1  8 conviction, the defendant has not been subsequently convicted
  1  9 of or granted a deferred judgment for any criminal offense,
  1 10 and the defendant is not currently charged with any criminal
  1 11 offense.
  1 12    b.  More than ten years have passed since the date of the
  1 13 conviction, the defendant has not been subsequently convicted
  1 14 of or granted a deferred judgment for a felony offense, and the
  1 15 defendant is not currently charged with any criminal offense.
  1 16    2.  This section shall not apply to a conviction that is a
  1 17 conviction for a misdemeanor crime of domestic violence and a
  1 18 simple misdemeanor conviction entered under section 123.46,
  1 19 123.47, subsection 3, or 708.2A, or chapter 321 or 321J.
  1 20    3.  An expungement entered under this section shall not
  1 21 be considered an expungement for purposes of 18 U.S.C.
  1 22 {921(a)(33)(B)(ii) or section 724.26, and shall not provide
  1 23 relief from any state or federal firearm disability associated
  1 24 with the expunged conviction.
  1 25    4.  Notwithstanding section 692.2, after receipt of
  1 26 notice from the clerk of the district court that a record of
  1 27 conviction has been expunged, the record of conviction shall be
  1 28 removed from the criminal history data files maintained by the
  1 29 department of public safety, if such a record is maintained in
  1 30 the criminal history data files.
  1 31                           EXPLANATION
  1 32 The inclusion of this explanation does not constitute agreement with
  1 33 the explanation's substance by the members of the general assembly.
  1 34    This bill relates to the expungement of a simple misdemeanor
  1 35 offense.
  2  1 The term "expunged" means the court's criminal record with
  2  2 reference to a deferred judgment or any other criminal record
  2  3 that has been segregated in a secure area or database which is
  2  4 exempt from public access.
  2  5    The bill provides that upon the application of a defendant
  2  6 convicted of a simple misdemeanor, the court shall enter an
  2  7 order expunging the record of such criminal case as a matter of
  2  8 law if the defendant has established that more than five years
  2  9 have passed since the date of the conviction; the defendant
  2 10 has not been subsequently convicted of or granted a deferred
  2 11 judgment for any criminal offense; and the defendant is not
  2 12 currently charged with any criminal offense or  more than
  2 13 10 years have passed since the date of the conviction; the
  2 14 defendant has not been subsequently convicted of or granted a
  2 15 deferred judgment for a felony offense; and the defendant is
  2 16 not currently charged with any criminal offense.
  2 17    The bill does not apply to a misdemeanor crime of domestic
  2 18 violence and simple misdemeanor convictions under Code section
  2 19 123.46 (consumption or intoxication in public place), or
  2 20 123.47(3) (alcohol consumption by persons under legal age)
  2 21 because expungement procedures already exist for such offenses.
  2 22    The bill applies to a simple misdemeanor conviction that
  2 23 occurs prior to, on, or after July 1, 2018.
  2 24    The bill also provides that, notwithstanding Code section
  2 25 692.2 (dissemination of criminal history data) after receipt
  2 26 of notice from the clerk of the district court that a record of
  2 27 conviction has been expunged, the record of conviction shall be
  2 28 removed from the criminal history data files maintained by the
  2 29 department of public safety if such a record was maintained in
  2 30 the criminal history data files.
       LSB 5203HV (4) 87
       jm/rh