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'm 20 and i can't lie i messed up my life coming up here to Iowa. I had a clean record coming from Mississippi oh my god. The public defender and prosecutors work together. I got caught a DV when my partner wasn't injured and they didn't have no evidences. I took the serious misdemeanor deal because the prosecutor was threatening to take my pregnant girlfriend into at 9 months. I didnt want her to have the baby in jail and i didnt want my daughter to go into the system. And I'm reading it look like i can't get this expunged FUCK!!! I messed my life up and I wanted to go into the nursing field

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Sam Mathew
Friday, September 13, 2013

I was arrested for DUI in 2010. I took the Dui to a Trail and hung the jury. The state chose to retry me. THe 2nd trial the prosecution's witness did not show up(cop).... The case was thrown out of court. My record still reflects a DUI. My attorney is telling me even though we beat the case, it will remain on my record as though i were convicted. WHAT!!!!???????? The only option he said is to send a letter the governor and try to have it pardoned..The only prob there is our current governor pardons nobody! There has got to be something i can do !?? I am applying for jobs! I am innocent!!!

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Charlie
Thursday, September 12, 2013

I pled guilty to 4 misdemeanor's at the age of 19. Does that mean that I can not have my record expunged?

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Kristin
Friday, September 6, 2013

Im in the state of Ga and I want to know if someone has already been in jail for 9 months for aggravated
, shouldn't he be able to be bonded out>

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Tamina
Sunday, September 1, 2013

My son was charged with a felon for domestic battery and had a plea with a condition as a first offender at 42 it would be expunged. The parish where the offense was committed did expunged the felony but we received a notice that the law changed and the state of LA will not expunged it? If the plea was done before the new law was passed but the probation was not finished before the law passed can the state refuse to expunge it? It is in the court documents

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Anthony
Saturday, August 17, 2013

Can a Hit Skip class I misdomeaner be expunged in Ohio ?

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Genny
Wednesday, July 31, 2013

In Jan 2010, my wife and I were both charged with Simple Assault in the 4th, or DV. I called the police and when they arrived they arrested both of us as they did not see the fight start. Even though my and my wife's statement both said she started it and was physically violent, my wife and I both pled guilty to stay out of jail and we both received probation with our records to be expunged upon completion. Fast forward to Feb 2013 and we go to buy my wife a handgun. After a background check, she gets the ok from the gun store to pick it up. Does that mean they really were expunged?

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Al
Tuesday, July 30, 2013

I have a possession of marijuanna from 1998 and had a possession of counterfeit checks in 2001 but haven had a speeding ticket since. Can I get those expunged? I want to apply for a gun permit

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Kevin
Wednesday, July 24, 2013

I plan to drive back to Alaska from Washington state, but have a felony from 1998, how can I successively drive through Canada?

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Roberta Greenlee
Sunday, July 21, 2013

VA Residents - here is the site to see who your local delegate is so you can contact them and make sure this bill is passed in General Assembly 2014: http://conview.state.va.us/whosmy.nsf/VGAMain?openform

Please join me to have this law CHANGED!!! We are ready to take back our lives!!

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Rob
Thursday, July 18, 2013

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