Bill Text: IA SF385 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the expungement of not-guilty verdicts and dismissed criminal-charge records, and including effective date and applicability provisions. (Formerly SSB 1110.) Effective 1-1-16.

Sponsorship: Committee Bill

Status: (Passed) 2015-05-01 - Signed by Governor. S.J. 962. [SF385 Detail]

Download: Iowa-2015-SF385-Enrolled.html

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Senate File 385 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO SSB
                                  1110)
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                                   A BILL FOR
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                                        Senate File 385

                             AN ACT
 RELATING TO THE EXPUNGEMENT OF NOT=GUILTY VERDICTS AND
    DISMISSED CRIMINAL=CHARGE RECORDS, AND INCLUDING EFFECTIVE
    DATE AND APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  901C.1  Not=guilty verdicts and
 criminal=charge dismissals ==== expungement.
    1.  As used in this section, unless the context otherwise
 requires, "expunge" and "expungement" mean the same as expunged
 in section 907.1.
    2.  a.  Except as provided in paragraph "b", upon application
 of a defendant or a prosecutor in a criminal case, or upon the
 court's own motion in a criminal case, the court shall enter
 an order expunging the record of such criminal case if the
 court finds that the defendant has established that all of the
 following have occurred, as applicable:
    (1)  The criminal case contains one or more criminal charges
 in which an acquittal was entered for all criminal charges, or
 in which all criminal charges were otherwise dismissed.
    (2)  All court costs, fees, and other financial obligations
 ordered by the court or assessed by the clerk of the district
 court have been paid.
    (3)  A minimum of one hundred eighty days have passed since
 entry of the judgment of acquittal or of the order dismissing
 the case relating to all criminal charges, unless the court
 finds good cause to waive this requirement for reasons
 including but not limited to the fact that the defendant was
 the victim of identity theft or mistaken identity.
    (4)  The case was not dismissed due to the defendant being
 found not guilty by reason of insanity.
    (5)  The defendant was not found incompetent to stand trial
 in the case.
    b.  The court shall not enter an order expunging the record
 of a criminal case under paragraph "a" unless all the parties
 in the case have had time to object on the grounds that one or
 more of the relevant conditions in paragraph "a" have not been
 established.
    3.  The record in a criminal case expunged under this
 section is a confidential record exempt from public access
 under section 22.7 but shall be made available by the clerk of
 the district court, upon request and without court order, to
 the defendant or to an agency or person granted access to the
 deferred judgment docket under section 907.4, subsection 2.
    4.  This chapter does not apply to dismissals related to a
 deferred judgment under section 907.9.
    5.  This chapter applies to all public offenses, as defined
 under section 692.1.
    6.  The court shall advise the defendant of the provisions of
 this chapter upon either the acquittal or the dismissal of all
 criminal charges in a case.
    7.  The supreme court may prescribe rules governing the
 procedures applicable to the expungement of the record of a
 criminal case under this chapter.
    8.  This section shall apply to all relevant criminal cases
 that occurred prior to, on, or after the effective date of this
 Act.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1,
 2016.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 385, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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