Question 1

Can you get a criminal record expunged in Iowa?

Accepted Answer

Iowa offers "expungement" by court order, which makes the court record confidential and exempt from public access (not destroyed). It covers criminal cases ending in acquittal or dismissal of all charges, deferred judgments after probation is discharged, and a one-time expungement of eligible misdemeanor convictions after eight years. Juvenile records can be sealed. The governor can grant pardons and restore citizenship rights.

Question 2

Can you clear an arrest or dismissed charge in Iowa?

Accepted Answer

On application by the defendant or prosecutor, or on the court's own motion, the court must expunge the record of a criminal case in which all charges ended in acquittal or were dismissed, once all court costs and fees are paid and at least 180 days have passed since the acquittal or dismissal (the court may waive the wait for good cause, such as identity theft or mistaken identity). This does not apply to insanity acquittals, cases where the defendant was found incompetent, or dismissals after a deferred judgment (which have their own rule). Parties must have time to object. The court must tell the defendant about this right at acquittal or dismissal.

Question 3

Can a misdemeanor be expunged in Iowa?

Accepted Answer

A person convicted of a misdemeanor may apply in the county of conviction, and the court must expunge the case if more than eight years have passed since the conviction, no criminal charges are pending, the person has not previously received two deferred judgments, and all costs, fees, fines and restitution are paid. This is allowed once in a lifetime, although one application can include multiple misdemeanors from the same incident. Excluded misdemeanors include OWI, sex offenses, involuntary manslaughter, domestic abuse assault, certain assaults, harassment, stalking, and offenses under the weapons and several other listed chapters. Deferred judgments are expunged automatically when probation is discharged and financial obligations are paid.

Question 4

Can a felony be expunged in Iowa?

Accepted Answer

The expungement provisions reviewed do not allow expunging felony convictions. A felony charge that ended in acquittal or dismissal can be expunged under the non-conviction rule, and a felony that received a deferred judgment is expunged after successful discharge from probation and payment of financial obligations.

Question 5

Does Iowa have automatic record clearing (clean slate)?

Accepted Answer

Partly. When a person is discharged from probation after a deferred judgment, the court's record of the deferred judgment and related dismissed counts is expunged once all financial obligations are paid, without a separate petition. The court may also order expungement of acquittals and dismissals on its own motion, and must schedule a juvenile sealing hearing on its own motion two years after the last action or at age 18.

Question 6

Can a DUI be expunged in Iowa?

Accepted Answer

No. Convictions for operating while intoxicated (Iowa Code § 321J.2) are excluded from misdemeanor expungement, and juvenile OWI adjudications cannot be sealed.

Question 7

How do you seal a juvenile record in Iowa?

Accepted Answer

After a delinquency adjudication, the juvenile court must schedule a sealing hearing on its own two years after the last official action or when the person turns 18, whichever is later; a person whose case did not result in adjudication may apply. The court seals the records if the person is at least 18, two years have passed, there have been no later felony or aggravated or serious misdemeanor convictions or similar adjudications, the person was not sentenced as a youthful offender, and the case was not an OWI. For offenses that would be aggravated misdemeanors or felonies, sealing must also be in the best interests of the person and the public. Sealed records no longer exist as a matter of law.

Question 8

How do you file for expungement in Iowa?

Accepted Answer

For acquittals and dismissals, the defendant or prosecutor applies to the court in the criminal case (or the court acts on its own), and parties get a chance to object. For a misdemeanor conviction, the defendant files an application in the county where the conviction occurred and must prove each requirement. The Iowa Supreme Court may set procedural rules for these applications.

Question 9

What happens after a record is expunged or sealed in Iowa?

Accepted Answer

An expunged record is confidential and exempt from public access. For acquittals, dismissals and deferred judgments, the clerk still provides it without a court order to the defendant and to agencies with access to the deferred judgment docket; an expunged misdemeanor conviction is available only by court order, and the conviction is removed from the Department of Public Safety's criminal history files. Immigration authorities may treat expunged convictions differently.

Question 10

How do you get a pardon in Iowa?

Accepted Answer

A person convicted of a criminal offense may apply to the board of parole for a recommendation, or to the governor, for a pardon, commutation, remission of fines, or restoration of citizenship rights at any time after conviction (with exceptions for certain sentences). When a person is discharged from probation, the court sends the governor a recommendation on restoring citizenship rights.

Question 11

How do I check my own criminal record in Iowa?

Accepted Answer

The Iowa Department of Public Safety, Division of Criminal Investigation (DCI), runs Iowa criminal history record checks (Iowa criminal history held by DCI). Submit a Request Form and Billing Form online through Iowa Record Check Online, or by mail, fax or email, or in person at the Oran Pape State Office Building, 215 E 7th St, Des Moines, IA 50319 (8 a.m.-4 p.m., Mon-Fri, with government photo ID; immediate results are available in person only when you request your own record). Requests need first and last name and exact date of birth. The fee is $15 per last name; cash, checks, money orders and MasterCard, Visa or Discover are accepted. Phone requests are not accepted; questions: 515-725-6066.

What relief the state offers	Iowa offers "expungement" by court order, which makes the court record confidential and exempt from public access (not destroyed). It covers criminal cases ending in acquittal or dismissal of all charges, deferred judgments after probation is discharged, and a one-time expungement of eligible misdemeanor convictions after eight years. Juvenile records can be sealed. The governor can grant pardons and restore citizenship rights. Source: Iowa Code §§ 901C.2, 901C.3, 907.9(4), 232.150, 914.2
Arrests and dismissed charges	On application by the defendant or prosecutor, or on the court's own motion, the court must expunge the record of a criminal case in which all charges ended in acquittal or were dismissed, once all court costs and fees are paid and at least 180 days have passed since the acquittal or dismissal (the court may waive the wait for good cause, such as identity theft or mistaken identity). This does not apply to insanity acquittals, cases where the defendant was found incompetent, or dismissals after a deferred judgment (which have their own rule). Parties must have time to object. The court must tell the defendant about this right at acquittal or dismissal. Source: Iowa Code § 901C.2
Misdemeanor convictions	A person convicted of a misdemeanor may apply in the county of conviction, and the court must expunge the case if more than eight years have passed since the conviction, no criminal charges are pending, the person has not previously received two deferred judgments, and all costs, fees, fines and restitution are paid. This is allowed once in a lifetime, although one application can include multiple misdemeanors from the same incident. Excluded misdemeanors include OWI, sex offenses, involuntary manslaughter, domestic abuse assault, certain assaults, harassment, stalking, and offenses under the weapons and several other listed chapters. Deferred judgments are expunged automatically when probation is discharged and financial obligations are paid. Source: Iowa Code §§ 901C.3, 907.9(4)(b)
Felony convictions	The expungement provisions reviewed do not allow expunging felony convictions. A felony charge that ended in acquittal or dismissal can be expunged under the non-conviction rule, and a felony that received a deferred judgment is expunged after successful discharge from probation and payment of financial obligations. No official statement was found confirming there is no other felony expungement route. Source: Iowa Code §§ 901C.2, 901C.3, 907.9(4)(b)
DUI / DWI convictions	No. Convictions for operating while intoxicated (Iowa Code § 321J.2) are excluded from misdemeanor expungement, and juvenile OWI adjudications cannot be sealed. Source: Iowa Code §§ 901C.3(2)(d), 232.150(1)(a)(4)
Juvenile records	After a delinquency adjudication, the juvenile court must schedule a sealing hearing on its own two years after the last official action or when the person turns 18, whichever is later; a person whose case did not result in adjudication may apply. The court seals the records if the person is at least 18, two years have passed, there have been no later felony or aggravated or serious misdemeanor convictions or similar adjudications, the person was not sentenced as a youthful offender, and the case was not an OWI. For offenses that would be aggravated misdemeanors or felonies, sealing must also be in the best interests of the person and the public. Sealed records no longer exist as a matter of law. Source: Iowa Code § 232.150

How to apply	For acquittals and dismissals, the defendant or prosecutor applies to the court in the criminal case (or the court acts on its own), and parties get a chance to object. For a misdemeanor conviction, the defendant files an application in the county where the conviction occurred and must prove each requirement. The Iowa Supreme Court may set procedural rules for these applications. Source: Iowa Code §§ 901C.2(1), (6); 901C.3(1), (6)
Automatic (clean slate) relief	Partly. When a person is discharged from probation after a deferred judgment, the court's record of the deferred judgment and related dismissed counts is expunged once all financial obligations are paid, without a separate petition. The court may also order expungement of acquittals and dismissals on its own motion, and must schedule a juvenile sealing hearing on its own motion two years after the last action or at age 18. Source: Iowa Code §§ 907.9(4)(b), 901C.2(1)(a), 232.150(1)(a)
Getting a copy of your criminal record	The Iowa Department of Public Safety, Division of Criminal Investigation (DCI), runs Iowa criminal history record checks (Iowa criminal history held by DCI). Submit a Request Form and Billing Form online through Iowa Record Check Online, or by mail, fax or email, or in person at the Oran Pape State Office Building, 215 E 7th St, Des Moines, IA 50319 (8 a.m.-4 p.m., Mon-Fri, with government photo ID; immediate results are available in person only when you request your own record). Requests need first and last name and exact date of birth. The fee is $15 per last name; cash, checks, money orders and MasterCard, Visa or Discover are accepted. Phone requests are not accepted; questions: 515-725-6066. Online portal linked from the page: http://stateofiowa.seamlessdocs.com/f/DPS_DCI_Criminal_History_Billing_and_Request_Form Source: Iowa Department of Public Safety, DCI, Record Check Forms

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