Iowa is making progress in regard to keeping criminal or court records from following people for the rest of their lives.
The current bill SF 385 is listed below.
If this bill becomes law, then lawyers will have another tool to help expunge criminal records. SF 385 would all most dismissed charges to be expunged, following an outright dismissal or acquittal by jury. Currently there is a proposed 180 day waiting period, but after that point a citizen can apply for expungement of the dismissed file.
I have told many callers or past clients to keep checking in to see if there is anything we can do to help with old cases. I invite everyone to keep checking in, as this will help many people out.
Here is the current proposed text of the law:
Proposed amendment to Senate File 385 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. 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 all of the following have occurred, as applicable: (a) 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, (b) all court costs, fees, and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid. (c) at least 180 days have passed since entry of the judgement of acquittal or of the order dismissing the case. (d) the case was not dismissed due to the defendant being found not guilty by reason of insanity or due to a finding that the defendant was incompetent to stand trial. (e) all parties to the case have had notice of the proposed expungement and the opportunity to object. 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 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 chapter shall apply retroactively to all relevant criminal cases.