How to File for Expungement in Iowa

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.

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.

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.