Expungement Guide

Iowa Expungement

Iowa Expungement
Expungement is the legal process of obliterating, destroying, or eliminating information in files or records from computers and folder that containing criminal charges. Even though records may be destroyed they have not disappeared. When records have been expunged in the state of Iowa they have simply become inaccessible to the general public and the general law enforcement. Fingerprint cards remain in the automated system for establishment of a criminal history data record even when a record has been expunged. However in a juvenile expungement case these fingerprints, along with criminal history data and source documents, are fully eliminated. Nevertheless criminal history data may be retained for research or management purposes in Iowa Statutes.

Expunge-able Records

Any arrest, disposition data, custody data, or adjudication data can be expunged. The adjudication date and custody date for juveniles who have reach the age of twenty-one may also be expunged if the individual has not plead guilty or been convicted of an aggravated or serious misdemeanor or felony between the ages of eighteen and twenty-one. Despite expungement all automated fingerprints will remain in the identification system.

Public intoxication records may be expunged under certain circumstances and if specific conditions are met.

Expungement Eligibility

Only certain crimes can be expunged in Iowa and include crime where an individual was acquitted or where charges were dismissed. Cases of dismissal due to reason of insanity are not eligible for expungement. This law also excludes records of adjudications of mental incompetence to stand trial where there was mental or physical injury or an attempt to physically or mentally injure.

Most juvenile records may be expunged unless aggravated felonies or misdemeanors have been committed between the ages of eighteen and twenty-one. Cases of discharge from probation where a person whose judgment was deferred under section 907.3 are also eligible for record expungement.

Those who have been arrested and convicted for public intoxication may apply for expungement after two years and no further criminal convictions. Simple misdemeanor violations stated in chapter 321 are excusable during this two-year time period.

Record Expungement and Record Deferment
In Iowa when a person is eligible for expungement it is not always necessary to file a petition. When an individual meets the specific criteria in relation to public intoxication, expungement is made as a matter of the law as stated by Iowa Statutes 123.46.

Iowa has no legal mechanism for expunging a previous conviction unless there is an application for a pardon and is received by the Governor of Iowa. In the case of operating while intoxicated an incident can be kept from criminal record by a deferred judgment granted by a judge. In the case of a deferred judgment, an individual will then be placed on probation while he or she is then discharged.

An individual is only eligible for deferment twice in his or her lifetime. And even though a conviction may be deferred, driving privileges may not be reinstated in every case. A deferred judgment can also be used as a prior conviction in future convictions that will enhance new sentences.

See also:
Iowa Misdemeanor External link (opens in new window)
Iowa Felony External link (opens in new window)
Iowa Gun Laws External link (opens in new window)


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I was arrested in 2004 for dui was driving or vechical wasnt runinng was sleep..but charged with dui firstoffence. Then was sentence to prison for felony 9 years later they still got fines against me fir tickets never went to court

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keon
Friday, November 15, 2013

I live in mich and got a owui I just graduated nursing school its been a year since my arrest I have not taking my state boards iam scared they will deny my testing due to this is it expugnable so I may take my state board I work in the medical field now iam a c.n.a please help thank you

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josie
Friday, November 15, 2013

Since Oregon law, states that an individual who has been granted expungement of a conviction can legally answer that he has no criminal record, does this mean that a person can also answer that he or she has not been or arrested or charged with a crime?

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esteve
Thursday, November 14, 2013

If I plead guilty to a misdemeanor marijuana charge, served community service,

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Lizz
Monday, November 11, 2013

If I leave state and go to georgia will it show up on my background. this happened in tennessee the last convictions were 3 and half years ago.

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ann
Monday, October 28, 2013

Yes I had a bad check charge and they put a warrant out for my arrest on bad check that happened back in 2003, I forgot about it and had a reck and hit a vehicle by mistake I was upset they arrested me for bad check and warrant out for my arrest that i didnt even know about and I spent 72 hours in jail for bad check and they charged me with reckless endangerment and leaving scene of accident now they say I cant get these 2 expunged because of the prior conviction of bad check i really need it expunged i cant even get a decent job and by myself and support myself. Please help thank you

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Ann
Monday, October 28, 2013

I have a assult charge that I admitted to in 05. Can I get it esponged

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Gerald
Thursday, October 24, 2013

Iv'e recently learned of a class b misdemeanor on my record. What is the process for having this removed/

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R.B.
Thursday, October 17, 2013



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Sunday, November 3, 2013

ok, so if i was convicted of felony distribution of cocain, and felony property subject to seizure, then i will be eligable for expungement after 5 years right?

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ryan d. hall
Friday, October 11, 2013

Im reading that I can file for an expungement 5 years aftr my sentencing date for a class 4 felony ( possession of controlled sub )

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mitchell
Tuesday, October 1, 2013

In my last post I did not state that I was asking about south dakota

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mitchell
Tuesday, October 1, 2013

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