Only minor alcohol-related convictions and deferred judgments can be expunged from an Iowa criminal record. A deferred judgment is where the court allows you to successfully complete a probationary period in lieu of serving a jail sentence. You can also petition the court to have dismissals or acquittals of old criminal cases removed from your record. Expunging a case means that the public will no longer be able to see it in the public records. The record does not disappear completely, however, since the court, prosecutors and law enforcement officials are still able to access the information in certain circumstances.
Expunging Alcohol-Related Offenses
If you were convicted of being intoxicated in public, you can petition the court that handed down the conviction to expunge your record after two years have passed since the conviction. You must not have received any other convictions in the meantime, except minor traffic violations. Minors convicted for consuming or possessing alcohol under the legal age can apply for expungement after the same two-year period has passed.
Expunging Completed Deferred Judgments
Another basis for seeking expungement is where the outcome of your case was a deferred judgment and you were put on probation. If the deferred judgment occurred after July 1, 2013, and you’ve successfully completed your probation, you don’t need to do anything. The record will automatically be sealed from public view. For older deferred judgments, you’ll need to petition the court for expungement.
Expunging Dismissals and Acquittals
Since January 1, 2016, the Iowa courts will expunge cases that resulted in either a dismissal or a not-guilty verdict. The new law applies to all crimes except for simple misdemeanor traffic charges, even if they occurred before January 1, 2016. This means that you can file a petition to have your record expunged even if the case was heard before the new law came into effect. To qualify, you must have paid all court fees and fines ordered by the court as part of your original case. You’ll also need to wait a minimum of 180 days from the acquittal or dismissal before filing a petition for expungement.
Filing for Expungement
Whatever type of record you want expunged, the first step is to submit an application. The Iowa Judicial Branch has an Application to Expunge Court Record form ready for you to download and fill out on its website. Fill out the form, sign it and file it with the court clerk at your county courthouse. A judge will review the petition and either grant the expungement without a hearing or ask that you appear in court. If you meet the criteria and the district attorney's office doesn't object, the court will usually enter the order expunging the record.
Read More: How to File a Petition for Expungement
Effect of Expungement
Once the court expunges your record, members of the public will no longer be able to see it, and the record won’t show up on regular background checks such as those carried out by employers and landlords. The expunged record doesn’t disappear completely, however – it gets placed on a private list. Law enforcement, court staff, the department of corrections and the county attorney’s office can see this list, and the expunged conviction can impact your sentence if you’re convicted of a new crime.
Iowa provides an Application to Expunge Court Record online for you to download, fill out and file with the court clerk.
- Because expungement of your criminal record is not available in Iowa for any conviction other than public intoxication, you have to seriously consider accepting a plea agreement for a deferred judgment, rather than risking a conviction after trial for any other charge.
- Although you receive a court order expunging your criminal record, records of your fingerprints that were used to establish your criminal history data record after your arrest will still be retained in the automated fingerprint identification system maintained by the Iowa Division of Criminal Investigation.
Jayne Thompson earned an LL.B. in Law and Business Administration from the University of Birmingham and an LL.M. in International Law from the University of East London. She practiced in various “Big Law” firms before launching a career as a commercial writer. Her work has appeared on numerous legal blogs including Quittance, Upcounsel and Medical Negligence Experts.