Bill Text: IA SF87 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the expungement of records of certain misdemeanor offenses, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-01-23 - Subcommittee: Dawson, R. Taylor, and Zaun. S.J. 166. [SF87 Detail]
Download: Iowa-2019-SF87-Introduced.html
Senate
File
87
-
Introduced
SENATE
FILE
87
BY
BOLKCOM
and
WAHLS
A
BILL
FOR
An
Act
relating
to
the
expungement
of
records
of
certain
1
misdemeanor
offenses,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
123.46,
subsection
6,
Code
2019,
is
1
amended
to
read
as
follows:
2
6.
Upon
the
expiration
of
two
years
following
conviction
3
for
a
violation
of
this
section
and
a
violation
or
of
a
4
similar
local
ordinance
that
arose
from
the
same
transaction
5
or
occurrence
,
a
person
may
petition
the
court
to
expunge
the
6
conviction
including
the
conviction
for
a
violation
of
a
local
7
ordinance
that
arose
from
the
same
transaction
or
occurrence
,
8
and
if
the
person
has
had
no
other
criminal
convictions,
other
9
than
local
traffic
violations
or
simple
misdemeanor
violations
10
of
chapter
321
during
the
two-year
period,
the
conviction
and
11
the
conviction
for
a
violation
of
a
local
ordinance
that
arose
12
from
the
same
transaction
or
occurrence
shall
be
expunged
as
13
a
matter
of
law.
The
court
shall
enter
an
order
that
the
14
record
of
the
conviction
and
the
conviction
for
a
violation
15
of
a
local
ordinance
that
arose
from
the
same
transaction
or
16
occurrence
be
expunged
by
the
clerk
of
the
district
court.
17
Notwithstanding
section
692.2
,
after
receipt
of
notice
from
the
18
clerk
of
the
district
court
that
a
record
of
conviction
and
19
the
conviction
for
a
violation
of
a
local
ordinance
that
arose
20
from
the
same
transaction
or
occurrence
has
been
expunged,
21
the
record
of
conviction
and
the
conviction
for
a
violation
22
of
a
local
ordinance
that
arose
from
the
same
transaction
or
23
occurrence
shall
be
removed
from
the
criminal
history
data
24
files
maintained
by
the
department
of
public
safety
if
such
a
25
record
was
maintained
in
the
criminal
history
data
files.
26
Sec.
2.
NEW
SECTION
.
901C.3
Misdemeanor
——
expungement.
27
1.
Upon
application
of
a
defendant
convicted
of
a
28
misdemeanor
offense
in
the
county
where
the
conviction
29
occurred,
the
court
shall
enter
an
order
expunging
the
record
30
of
such
a
criminal
case,
as
a
matter
of
law,
if
the
defendant
31
has
established
that
more
than
eight
years
have
passed
since
32
the
date
of
the
conviction,
the
defendant
has
no
pending
33
criminal
charges,
and
all
court
costs,
fees,
fines,
and
34
restitution
and
other
financial
obligations
ordered
by
the
35
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court
or
assessed
by
the
clerk
of
the
district
court
have
been
1
paid.
2
2.
Upon
objection
by
the
county
attorney
to
the
application,
3
the
court
shall
dismiss
the
defendant’s
application
if
any
of
4
the
following
apply:
5
a.
A
conviction
under
section
123.46.
6
b.
A
simple
misdemeanor
conviction
under
section
123.47,
7
subsection
3,
or
similar
local
ordinance.
8
c.
A
conviction
for
dependent
adult
abuse
under
section
9
235B.20.
10
d.
A
conviction
under
section
321.218,
321A.32,
or
321J.21.
11
e.
A
conviction
under
section
321J.2.
12
f.
A
conviction
for
a
sex
offense
as
defined
in
section
13
692A.101.
14
g.
A
conviction
for
involuntary
manslaughter
under
section
15
707.5.
16
h.
A
conviction
for
assault
under
section
708.2,
subsection
17
3.
18
i.
A
conviction
under
section
708.2A.
19
j.
A
conviction
for
harassment
under
section
708.7.
20
k.
A
conviction
for
stalking
under
section
708.11.
21
l.
A
conviction
for
removal
of
an
officer’s
communication
or
22
control
device
under
section
708.12.
23
m.
A
conviction
for
trespass
under
section
716.8,
subsection
24
3
or
4.
25
n.
A
conviction
under
chapter
717C.
26
o.
A
conviction
under
chapter
719.
27
p.
A
conviction
under
chapter
720.
28
q.
A
conviction
under
section
721.2.
29
r.
A
conviction
under
section
721.10.
30
s.
A
conviction
under
section
723.1.
31
t.
A
conviction
under
chapter
724.
32
u.
A
conviction
under
chapter
726.
33
v.
A
conviction
under
chapter
728.
34
w.
A
conviction
under
chapter
901A.
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x.
A
conviction
for
a
comparable
offense
listed
in
49
C.F.R.
1
§383.51(b)
(table
1)
or
49
C.F.R.
§383.51(e)
(table
4).
2
y.
A
conviction
under
prior
law
of
an
offense
comparable
to
3
an
offense
enumerated
in
this
subsection.
4
z.
The
defendant
is
the
subject
of
a
protective
order
or
a
5
no-contact
order.
6
aa.
The
defendant
has
been
subsequently
convicted
of
or
7
granted
a
deferred
judgment
for
any
criminal
offense,
other
8
than
a
simple
misdemeanor
conviction
under
chapter
321
or
of
a
9
similar
local
ordinance.
10
ab.
The
defendant
has
previously
been
granted
two
deferred
11
judgments.
12
3.
A
person
shall
be
granted
an
expungement
of
a
record
13
under
this
section
one
time
in
the
person’s
lifetime.
14
However,
the
one
application
may
request
the
expungement
of
15
records
relating
to
more
than
one
misdemeanor
offense
if
16
the
misdemeanor
offenses
arose
from
the
same
transaction
or
17
occurrence,
and
the
application
contains
the
misdemeanor
18
offenses
to
be
expunged.
19
4.
The
expunged
record
under
this
section
is
a
confidential
20
record
exempt
from
public
access
under
section
22.7
but
shall
21
be
made
available
by
the
clerk
of
the
district
court
upon
court
22
order.
23
5.
Notwithstanding
section
692.2,
after
receipt
of
24
notice
from
the
clerk
of
the
district
court
that
a
record
of
25
conviction
has
been
expunged
under
subsection
1,
the
record
26
of
conviction
shall
be
removed
from
the
criminal
history
data
27
files
maintained
by
the
department
of
public
safety
if
such
a
28
record
was
maintained
in
the
criminal
history
data
files.
29
6.
The
supreme
court
may
prescribe
rules
governing
the
30
procedures
applicable
to
the
expungement
of
a
criminal
case
31
under
this
section.
32
7.
This
section
applies
to
a
misdemeanor
conviction
that
33
occurred
prior
to,
on,
or
after
July
1,
2019.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
expungement
of
records
of
certain
3
misdemeanor
offenses.
4
The
bill
strikes
a
provision
in
Code
section
123.46
relating
5
to
the
expungement
of
a
conviction
for
public
intoxication
6
allowing
for
the
expungement
of
a
local
ordinance
violation
7
that
arose
out
of
the
same
transaction
or
occurrence
of
a
8
conviction
under
Code
section
123.46.
9
The
bill
provides
that
upon
the
application
of
a
defendant
10
convicted
of
a
misdemeanor
in
the
county
where
the
defendant’s
11
conviction
occurred,
the
court
shall
enter
an
order
expunging
12
the
record
of
such
criminal
case,
as
a
matter
of
law,
if
the
13
defendant
has
established
that
more
than
eight
years
have
14
passed
since
the
date
of
the
conviction,
the
defendant
has
no
15
pending
criminal
charges,
and
all
court
costs,
fees,
fines,
16
and
restitution
and
other
financial
obligations
ordered
by
the
17
court
or
assessed
by
the
clerk
of
the
district
court
have
been
18
paid.
19
The
bill
provides
that
upon
objection
by
the
county
attorney
20
to
the
defendant’s
application,
the
court
shall
dismiss
the
21
application
if
any
of
the
following
misdemeanor
offenses
apply:
22
simple
misdemeanor
convictions
under
Code
sections
123.46
23
(consumption
or
intoxication
in
public
places)
and
123.47(3)
24
(alcohol
consumption
by
persons
under
legal
age)
or
similar
25
local
ordinances,
because
expungement
procedures
already
exist
26
for
both
offenses;
convictions
for
dependent
adult
abuse
27
under
Code
section
235B.20;
convictions
for
operating
a
motor
28
vehicle
with
an
invalid
driver’s
license
under
Code
section
29
321.218,
321A.32,
or
321J.21;
convictions
for
operating
while
30
intoxicated
under
Code
section
321J.2;
convictions
for
sex
31
offenses
as
defined
in
Code
section
692A.101;
a
conviction
32
for
involuntary
manslaughter
under
Code
section
707.5;
a
33
conviction
for
assault
involving
a
dangerous
weapon
under
Code
34
section
708.2(3);
convictions
for
domestic
abuse
assault
under
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Code
section
708.2A;
convictions
for
harassment
under
Code
1
section
708.7;
a
conviction
for
stalking
under
Code
section
2
708.11;
convictions
for
removal
of
an
officer’s
communication
3
or
control
device
under
Code
section
708.12;
convictions
for
4
trespass
under
Code
section
716.8(3)
or
(4);
convictions
for
5
bestiality
under
Code
section
717C.1;
convictions
under
Code
6
chapter
719
(obstructing
justice);
convictions
under
Code
7
chapter
720
(interference
with
judicial
process);
convictions
8
under
Code
section
721.2
(nonfelonious
conduct
in
office);
9
convictions
under
Code
section
721.10
(misuse
of
public
records
10
and
files);
convictions
under
Code
section
723.1
(riot);
11
convictions
under
Code
chapter
724
(weapons);
convictions
under
12
Code
chapter
726
(protections
of
the
family
and
dependent
13
persons);
convictions
under
Code
chapter
728
(obscenity);
14
convictions
under
Code
chapter
901A
(sexually
predatory
15
offenses);
a
conviction
for
a
comparable
offense
listed
in
49
16
C.F.R.
§383.51(b)
(table
1)
or
49
C.F.R.
§383.51(e)
(table
4)
17
(commercial
driver’s
licenses);
and
any
conviction
under
prior
18
law
of
an
offense
comparable
to
an
offense
enumerated
in
the
19
bill.
In
addition,
the
bill
does
not
apply
to
a
defendant
who
20
is
the
subject
of
a
protective
order
or
a
no-contact
order;
a
21
defendant
who
has
been
subsequently
convicted
of
or
granted
a
22
deferred
judgment
for
any
criminal
offense,
other
than
a
simple
23
misdemeanor
conviction
under
Code
chapter
321
or
of
a
similar
24
local
ordinance;
or
a
defendant
who
has
previously
been
granted
25
two
deferred
judgments.
26
The
bill
prohibits
a
person
from
applying
more
than
once
27
for
an
expungement
of
the
person’s
record.
A
person
shall
28
be
granted
an
expungement
of
a
record
only
one
time
in
29
the
person’s
lifetime.
However,
the
one
application
may
30
request
the
expungement
of
records
relating
to
more
than
one
31
misdemeanor
offense
if
the
misdemeanor
offenses
arose
from
the
32
same
transaction
or
occurrence,
and
the
application
contains
33
the
misdemeanor
offenses
to
be
expunged.
34
The
bill
provides
that
the
expunged
record
under
the
bill
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is
a
confidential
record
exempt
from
public
access
under
Code
1
section
22.7
but
shall
be
made
available
by
the
clerk
of
the
2
district
court
upon
court
order.
3
The
bill
also
provides
that
after
receipt
of
notice
from
the
4
clerk
of
the
district
court
that
a
record
of
conviction
has
5
been
expunged,
the
record
of
conviction
shall
be
removed
from
6
the
criminal
history
data
files
maintained
by
the
department
of
7
public
safety
if
such
a
record
was
maintained
in
the
criminal
8
history
data
files.
9
The
bill
provides
that
the
supreme
court
may
prescribe
rules
10
governing
expungement
procedures
applicable
to
criminal
cases
11
pursuant
to
the
division.
12
The
bill
applies
to
misdemeanor
convictions
that
occur
prior
13
to,
on,
or
after
July
1,
2019.
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