Bill Text: IA SF2023 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the expungement of criminal offenses for alcohol consumption in public, public intoxication, simulated public intoxication, or similar local ordinances, or when a finding of contempt has been entered. (See SF 2164.)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-09 - Returned to committee. [SF2023 Detail]

Download: Iowa-2015-SF2023-Introduced.html

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Senate File 2023 - Introduced




                                 SENATE FILE       
                                 BY  JOCHUM

                                      A BILL FOR

  1 An Act relating to the expungement of criminal offenses
  2    for alcohol consumption in public, public intoxication,
  3    simulated public intoxication, or similar local ordinances,
  4    or when a finding of contempt has been entered.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5430XS (2) 86
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PAG LIN



  1  1    Section 1.  Section 123.46, subsection 6, Code 2016, is
  1  2 amended to read as follows:
  1  3    6.  Upon the expiration of two years following conviction for
  1  4 a violation of this section or of a similar local ordinance, a
  1  5 person may petition the court to expunge the conviction, and if
  1  6 the person has had no other criminal convictions, other than
  1  7 local traffic violations or simple misdemeanor violations of
  1  8 chapter 321 during the two=year period, the conviction shall
  1  9 be expunged as a matter of law. The court shall enter an
  1 10 order that the record of the conviction be expunged by the
  1 11 clerk of the district court. Notwithstanding section 692.2,
  1 12 after receipt of notice from the clerk of the district court
  1 13 that a record of conviction has been expunged, the record of
  1 14 conviction shall be removed from the criminal history data
  1 15 files maintained by the department of public safety if such a
  1 16 record was maintained in the criminal history data files.
  1 17    Sec. 2.  Section 907.9, subsection 4, paragraph d, Code 2016,
  1 18 is amended to read as follows:
  1 19    d.  A count or related charge that was dismissed shall not be
  1 20 expunged pursuant to paragraph "c" in any case in which a count
  1 21 or charge resulted in a conviction, not including a finding of
  1 22 contempt, that was not expunged.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill relates to the expungement of criminal offenses
  1 27 for alcohol consumption in public, public intoxication,
  1 28 simulated public intoxication, or similar local ordinances, or
  1 29 when a finding of contempt has been entered.
  1 30    The expungement process under the bill provides that upon
  1 31 the expiration of two years following conviction for alcohol
  1 32 consumption in public, public intoxication, simulated public
  1 33 intoxication, or similar local ordinance, a person may petition
  1 34 the court to expunge the conviction if the person has had no
  1 35 other criminal convictions, other than local traffic violations
  2  1 or simple misdemeanor violations of Code chapter 321 during
  2  2 the two=year period, and the conviction shall be expunged as a
  2  3 matter of law. The bill further provides that after receipt
  2  4 of notice from the clerk of the district court that a record
  2  5 of conviction for consumption of alcohol in public, public
  2  6 intoxication, simulated public intoxication, or similar local
  2  7 ordinance has been expunged, the record of conviction shall be
  2  8 removed from the criminal history data files maintained by the
  2  9 department of public safety if such a record was maintained in
  2 10 the criminal history data files.
  2 11    Current law provides that the court's criminal record with
  2 12 reference to a deferred judgment, any counts dismissed by the
  2 13 court which were contained in the indictment, information,
  2 14 or complaint that resulted in the deferred judgment, and
  2 15 any other related charges that were not contained in the
  2 16 indictment, information, or complaint but were dismissed, shall
  2 17 be expunged, if the person has paid restitution and other
  2 18 obligations.  The amendment to Code section 907.9 provides
  2 19 that finding a person in contempt shall not preclude that
  2 20 person from expunging such records as long as no counts in the
  2 21 indictment or information or any other charges related to the
  2 22 deferred judgment resulted in a conviction.
       LSB 5430XS (2) 86
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