Enacted in 2019 as part of a criminal law reform package, Iowa Code § 901C. 3 provides for the expungement of one misdemeanor conviction in a person's lifetime.
If the charges against you in a criminal case are dismissed, or if the verdict in your criminal case is not guilty, then you may apply for an expungement within 180 days of the dismissal or not guilty verdict. The Court may, at its discretion, waive the 180-day waiting period.
In addition to the waiting period, you must pay all fines and court costs and fees prior to applying for expungement.
The new Iowa Code criminal law reform package also provides for the expungement of one misdemeanor within a person's lifetime, with the exception of some crimes.
The waiting period prior to application for expungement of a misdemeanor conviction is eight years. The clock starts after the completion of your sentence, which includes probation, parole, and any other legal requirements ordered by the court.
Some criminal offenses have differing timelines, such as those crimes which are serious or aggravated misdemeanors.
Additionally, all fines, court costs and fees, and any restitution order by the court, must be paid prior to you making application for your expungement.
You may only have one misdemeanor expunged and removed from your record in your lifetime unless multiple charges were brought against you from the same incident.
The person requesting the expungement may not have any other criminal charges pending nor may they have more than one prior deferred judgment.
Drunk driving convictions (OWI) are generally not eligible for expungement, unless for instance, a deferred judgment was granted.
Iowa's laws provide a long list of offenses which are ineligible for expungement. Those include misuse of public office, violent or sexual offenses, and weapons and firearms offenses, to name a few. Drunk driving convictions (OWI's) are generally ineligible, but may be eligible.
Expungement will only limit public access to the court record and the records of the Department of Safety.
If you are convicted of a crime in Iowa, you have a criminal record. Absent expungement, charges and convictions on a person's criminal record are permanent and are not ever removed. Expungements facilitate sealing that conviction so that it does not appear for the public to see it.
Generally, a drunk driving conviction (an OWI or Operating While Intoxicated) may not be expunged under Iowa's new expungement laws.
If, for example, your attorney was able to obtain a deferred judgment for your drunk driving (OWI) conviction, the conviction may be expunged after the waiting period.
Notable: even if an OWI is expunged, it is only expunged from the person's criminal record. The expunged OWI may remain on your driving record for the purpose of future arrests and therefore enhancements to the charges brought within twelve (12) years.
Previously, under Iowa laws (Iowa Code SS 907.3 and 907.9), the only available option for expunging a criminal record is for the convicted person to obtain a deferred judgment and the deferred judgment must have been obtained at the time of the conviction.
Under Iowa criminal law reform package, if you obtain a deferred judgment for a drunk driving (an OWI), you may become eligible for an expungement if you meet certain requirements including the full completion of all court orders relative to the deferred prosecution, and having not violated any rules. In most instances, deferred judgments include fees and probation, as well as other orders, such as classes.
A qualified criminal law attorney who handles Expungements can provide guidance and assistance that can make all the difference in obtaining a favorable end result.
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