Bill Text: IA HF356 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of convictions of state criminal offenses for alcohol consumption in public, public intoxication, simulated public intoxication, open container, or similar local ordinance offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-16 - Introduced, referred to Judiciary. H.J. 408. [HF356 Detail]
Download: Iowa-2017-HF356-Introduced.html
House File 356 - Introduced HOUSE FILE BY OLSON A BILL FOR 1 An Act relating to the expungement of convictions of state 2 criminal offenses for alcohol consumption in public, public 3 intoxication, simulated public intoxication, open container, 4 or similar local ordinance offenses. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1097YH (9) 87 jm/rj/rh PAG LIN 1 1 Section 1. Section 123.46, subsection 6, Code 2017, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 6. Upon the expiration of two years following conviction for 1 5 a violation of this section or of a similar local ordinance, a 1 6 person may petition the court to expunge the conviction, and if 1 7 the person has had no other criminal convictions, other than 1 8 local traffic violations or simple misdemeanor violations of 1 9 chapter 321 during the two=year period, the conviction shall 1 10 be expunged as a matter of law. The court shall enter an order 1 11 that the record of the conviction be expunged by the clerk 1 12 of the district court. Notwithstanding section 692.2, after 1 13 receipt of notice from the clerk of the district court that a 1 14 record of conviction has been expunged for a violation of this 1 15 section, the record of conviction shall be removed from the 1 16 criminal history data files maintained by the department of 1 17 public safety. An expunged conviction shall not be considered 1 18 a prior offense for purposes of enhancement unless the new 1 19 violation occurred prior to entry of the order of expungement. 1 20 Sec. 2. Section 321.284, Code 2017, is amended by adding the 1 21 following new subsection: 1 22 NEW SUBSECTION. 3. Upon the expiration of two years 1 23 following conviction for a violation of this section or of a 1 24 similar local ordinance, a person may petition the court to 1 25 expunge the conviction, and if the person has had no other 1 26 criminal convictions, other than local traffic violations 1 27 or simple misdemeanor violations of chapter 321 during the 1 28 two=year period, the conviction shall be expunged as a matter 1 29 of law. The court shall enter an order that the record of the 1 30 conviction be expunged by the clerk of the district court. 1 31 Notwithstanding section 692.2, after receipt of notice from 1 32 the clerk of the district court that a record of conviction 1 33 has been expunged for a violation of this section, the record 1 34 of conviction shall be removed from the criminal history data 1 35 files maintained by the department of public safety. An 2 1 expunged conviction shall not be considered a prior offense for 2 2 purposes of enhancement unless the new violation occurred prior 2 3 to entry of the order of expungement. 2 4 Sec. 3. Section 321.284A, Code 2017, is amended by adding 2 5 the following new subsection: 2 6 NEW SUBSECTION. 6. Upon the expiration of two years 2 7 following conviction for a violation of this section or of a 2 8 similar local ordinance, a person may petition the court to 2 9 expunge the conviction, and if the person has had no other 2 10 criminal convictions, other than local traffic violations 2 11 or simple misdemeanor violations of chapter 321 during the 2 12 two=year period, the conviction shall be expunged as a matter 2 13 of law. The court shall enter an order that the record of the 2 14 conviction be expunged by the clerk of the district court. 2 15 Notwithstanding section 692.2, after receipt of notice from 2 16 the clerk of the district court that a record of conviction 2 17 has been expunged for a violation of this section, the record 2 18 of conviction shall be removed from the criminal history data 2 19 files maintained by the department of public safety. An 2 20 expunged conviction shall not be considered a prior offense for 2 21 purposes of enhancement unless the new violation occurred prior 2 22 to entry of the order of expungement. 2 23 EXPLANATION 2 24 The inclusion of this explanation does not constitute agreement with 2 25 the explanation's substance by the members of the general assembly. 2 26 This bill relates to the expungement of state criminal 2 27 offenses for alcohol consumption in public, public 2 28 intoxication, simulated public intoxication, open container, or 2 29 similar local ordinance offenses. 2 30 The expungement process under the bill provides that upon 2 31 the expiration of two years following conviction for alcohol 2 32 consumption in public, public intoxication, simulated public 2 33 intoxication, open container by a driver, or open container 2 34 by a passenger, or a similar local ordinance, a person may 2 35 petition the court to expunge the conviction if the person 3 1 has no other criminal convictions, other than local traffic 3 2 violations or simple misdemeanor violations of Code chapter 3 3 321 during the two=year period, and the conviction shall be 3 4 expunged as a matter of law. The bill further provides that 3 5 after receipt of notice from the clerk of the district court 3 6 that a record of conviction for consumption of alcohol in 3 7 public, public intoxication, simulated public intoxication, 3 8 open container by a driver, or open container by a passenger, 3 9 or similar local ordinance, the record of conviction shall be 3 10 removed from the criminal history data files maintained by the 3 11 department of public safety if such a record was maintained in 3 12 the criminal history data files. The bill also provides that 3 13 an expunged conviction shall not be considered a prior offense 3 14 for purposes of enhancement unless the new violation occurred 3 15 prior to entry of the order of expungement. 3 16 The current expungement process for a conviction for alcohol 3 17 consumption in public, public intoxication, or simulated public 3 18 intoxication, or for a local ordinance is very similar to the 3 19 new process in the bill, except that in order for a local 3 20 ordinance to be expunged under the current expungement process, 3 21 the local ordinance must arise out of the same transaction 3 22 or occurrence. In addition, the current expungement process 3 23 does not allow an expunged conviction to be considered a prior 3 24 offense for purposes of enhancement unless the new violation 3 25 occurred prior to entry of the order of expungement. 3 26 An expungement process currently does not exist for open 3 27 container by a driver in violation of Code section 321.284 or 3 28 open container by a passenger in violation of Code section 3 29 321.284A. LSB 1097YH (9) 87 jm/rj/rh
