PAULA's to be Expunged (Finally)

An amendment to the Iowa Public Intoxication law takes affect today (7/1/10), and now makes PAULA convictions eligible to be expunged. House Study Bill 643 was passed earlier this year and amends Iowa Code Section 123.46, which relates to Public Intoxication.

Previously, only Public Intoxication convictions were eligible to be expunged. Now, a person convicted of either Public Intoxication or Possessing Alcohol Under the Legal Age may ask the court to expunge the record of the conviction – if two conditions are met: 1) Two years have passed since the date of the conviction; 2) The person has not had other criminal convictions (other than Iowa traffic tickets) during the two year period.

The bill also provides that an expunged PAULA conviction shall not be considered a prior offense for purposes of enhancing punishment under state law, unless the new violation occurred prior to entry of the order of expungement.

The amendment to the Public Intoxication law does not make reference to PAULA convictions that occurred before this law takes affect. We believe that past PAULA tickets will be eligible for expungement, and will have the Court’s answer within a few weeks.

For further reading, the text of the amended law is below:

House Study Bill 643

An Act relating to expunging convictions of certain criminal offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1.  Section 123.46, subsection 5, Code 2009, is amended to read as follows:

5.  Upon the expiration of two years following conviction for a violation of this section, a person may petition the court to exonerate the person of expunge the conviction,and if the person has had no other criminal convictions, other than simple misdemeanor violations of chapter 321 during the two=year period, the person shall be deemed exonerated of the offense conviction shall be expunged as a matter of law.

The court shall enter an order exonerating the person of the conviction, and ordering that the record of the conviction be expunged by the clerk of the district court.

Sec. 2.  Section 123.47, Code 2009, is amended by adding the following new subsection:

NEW SUBSECTION.

7.  Upon the expiration of two years following conviction for a violation of subsection 2 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two=year period, the conviction shall be expunged as a matter of law.  The court shall enter an order that the record of the conviction be expunged by the clerk of the district court.  An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 3 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.

EXPLANATION

This bill relates to expunging certain criminal convictions. The bill modifies provisions relating to expunging the record of a conviction for public intoxication after two years.

Under the bill, two years after conviction for public intoxication a person may petition the court to expunge the record of the conviction if the person has not had other criminal convictions other than simple misdemeanor violations of Code chapter 321 during the two=year period.

Currently, a person may petition the court to exonerate the person and have the court enter an order exonerating the person as a matter of law.

The bill establishes a similar expungement provision for possessing, purchasing, or attempting to purchase alcohol under legal age and for similar local ordinances.  Under the bill, two years after conviction for possessing, purchasing, or attempting to purchase alcohol under legal age or under a similar local ordinance, a person may petition the court to expunge the record of the conviction if the person has not had other criminal convictions other than local traffic violations or simple misdemeanor violations of Code chapter 321 during the two=year period.  The bill also provides that the expunged conviction for possessing, purchasing, or attempting to purchase alcohol or for a local ordinance shall not be considered a prior offense for purposes of enhancement under state law or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.