Iowa-2015-SF2023-Introduced
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:
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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.
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