How to Expunge Convictions and Clean Up Your Criminal Record

BY EDDIE FISHMAN | HOPKINS & HUEBNER, P.C. | ADEL OFFICE

On July 1, 2019, Iowa Code section 901C.3 regarding expungement became effective. This section allows an individual with a conviction for a misdemeanor offense to apply to have the record of the conviction expunged so that the record cannot be accessed by the public. EXPUNGEMENT BASICS:The record will be expunged, if the following are proven:

a. More than eight years have passed since the date of the conviction;
b. The defendant has no pending criminal charges;
c. The defendant has not previously been granted two deferred judgments;
d. The defendant has paid all court costs, fees, fines, restitution, and any other financial obligations ordered by the court or assessed by the clerk of the district court.

An applicant can only use this section once to expunge a record of conviction. However, multiple misdemeanor convictions can be expunged if all the misdemeanors arose from the same transaction or occurrence.
 
Once the record is expunged, the record is confidential and exempt from public access under Iowa Code section 22.7. Additionally, the Department of Public Safety must remove the expunged record of conviction from its criminal history data file. However, the expunged record is available to the clerk of the district court upon court order.

There are misdemeanor convictions that cannot be expunged under this new statute. The misdemeanor convictions that cannot be expunged under this statute include convictions for the following:

a.  Consumption or intoxication in public places offenses under Iowa Code section 123.46 (however, this conviction can potentially be expunged under other statutes);
b. Underage possession offenses under Iowa Code section 123.47, subsection 3, or similar local ordinance (again, this conviction can potentially be expunged under other statutes);
c. Dependent adult abuse offenses under Iowa Code section 235B.20;
d. Driving offenses under Iowa Code sections 321.218, 321A.32, or 321J.21;
e. Operating while intoxicated offenses under Iowa Code section 321J.2;
f. Sex offenses as defined in Iowa Code section 692A.101;
g. Involuntary manslaughter offenses under Iowa Code section 707.5;
h. Assault while using or displaying a dangerous weapon offenses under Iowa Code section 708.2, subsection 3;
i. Domestic abuse assault offenses under Iowa Code section 708.2A;
j. Harassment offenses under Iowa Code section 708.7;
k. Stalking offenses under Iowa Code section 708.11;
l. Removal of an officer’s communication or control device offenses under Iowa Code section 708.12;
m. Trespass offenses under Iowa Code section 716.8, subsection 3 or 4;
n. Bestiality offenses under Iowa Code chapter 717C;
o. Obstructing justice offenses under Iowa Code chapter 719;
p. Interference with judicial process offenses under Iowa Code chapter 720;
q. Non-felonious misconduct in office offenses under Iowa Code section 721.2;
r. Misuse of public records and files offenses under Iowa Code section 721.10;
s. Rioting offenses under Iowa Code section 723.1;
t. Weapons offenses under Iowa Code chapter 724;
u. Protection of the family and dependent persons offenses under Iowa Code chapter 726;
v. Obscenity offenses under Iowa Code chapter 728;
w. Sexually predatory offenses under Iowa Code chapter 901A;
x. Certain comparable federal offense;
y. Offenses under prior law comparable to an offense enumerated above.

Expungements can help clean up your record. Contact us to see if you are eligible to have a past conviction expunged from your record. Or call (877) ASK-ATTY (877-275-2889).