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