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