Sealing and Expunging Criminal Records in Iowa

Criminal records summarize an individual’s illegal activities and interactions with law enforcement agencies within the criminal justice system. Such records generally provide definitive proof of guilt, as determined after a trial or plea. Court records on criminal cases also provide a broader perspective of the individual’s criminal activities within Iowa’s jurisdiction.

In Iowa, criminal records refer to both the records maintained by the Iowa judiciary and those maintained by law enforcement and other criminal justice agencies. While it is typically hard to seal or expunge criminal records in Iowa, it is possible. Usually, interested individuals employ the services of an experienced attorney. Nevertheless, anyone with the correct information, or the knowledge of how to find it, may complete the procedure.

The Difference Between Sealing and Expunging Criminal Records

Sealing and expungement mean the same thing in Iowa: the removal of a record from public access. However, Iowa laws do not permit the physical destruction of a record after expungement. Per Section 907.1 of the Iowa Code, expungement refers to the segregation of a criminal record to a secure area or database exempted from public access. There is, however, a slight difference in the usage of the terms. According to Section 232.150, sealing refers to juvenile convictions, while expungement refers to adult convictions, as stated in Section 901C.

Eligibility Requirements to Expunge a Criminal Record in Iowa

Expungement did not apply to criminal convictions in Iowa until 2019, when the Senate passed SF 589. According to the Act, the requirements for expungement depend on the nature of the case. Thus, the requirements for expunging misdemeanors differ from those for expunging criminal records resulting from not-guilty verdicts. The interested individual must refer to Section 901C for the applicable requirements. Nevertheless, these requirements are standard to both circumstances:

• The court had issued an acquittal or dismissed the charges.
• The petition to expunge was filed after a statutory period had elapsed.
• The individual has no pending criminal charges as of the date of application.
• The individual has not received two (2) deferred judgments to date.
• The individual has paid all levies, including court costs, fees, fines, and restitution;
• The individual has fulfilled all other financial obligations ordered by the court or assessed by the clerk of the district court;
• The court had not adjudged the individual as incompetent to stand trial;
• The court had not dismissed the case on the grounds of insanity or mental disorder;

How to Expunge a Criminal Record in Iowa

In most cases, Iowa courts do not grant petitions to expunge criminal convictions. A court typically only considers requests to expunge non-conviction criminal records, or cases where the court had dismissed the case or issued a not-guilty verdict. To initiate the process, submit an application to expunge at the Clerk of Courts’ office where the case was tried. The clerk shall provide systematic instructions that may apply to the procedure. However, as they cannot give legal advice, it is the individual’s responsibility to follow the letter’s official guidelines.

For misdemeanor expungement, the court typically schedules a hearing date, and the individual shall serve a copy of the motion upon the prosecutor involved in the case. During the hearing, the prosecutor shall have the opportunity to object to the motion to expunge. The presiding judge typically considers several factors in determining whether to grant the expungement. Chief among these are the basis of the prosecutor’s objection, the individual’s reasons for expungement, the individual’s eligibility, and the public’s right to access the record.

Generally, eligible persons may only expunge one record in a lifetime. However, if several misdemeanors stem from the same offense, the individual may apply for multiple expungements.

How to Seal a Criminal Record in Iowa

As mentioned earlier, sealing refers to juvenile convictions. Iowa courts automatically file a motion to seal juvenile criminal records after two years or after the individual attains eighteen years old. Conversely, in cases where the crime did not result in adjudication, the individual must file a petition to seal manually. After that, the court shall schedule a hearing date where the judge typically decides the merits of the petition based on factors outlined in Section 232.150 of the Iowa Code.

Affected persons typically need to initiate the process in the county or city where the case was filed and tried. If successful, the state court administrator shall direct all agencies and persons who are custodians of the record to send the documents to the court. The custodians must then delete all indexed references to the sealed record and inform public requesters that the record does not exist. However, according to subsection 6 of the same statute, the court may grant individual access to sealed records and disclose the contents for bona fide research purposes. In this case, the court typically establishes the conditions of inspection and disclosure.

What Crimes May Be Sealed or Expunged in Iowa?

Iowa’s expungement laws are relatively nascent, and the laws do not make provisions for the expungement of convictions for felonies as of September 2020. Eligible parties may apply to seal most misdemeanors, but in Subsection 2 of the statute mentioned above, the law explicitly says twenty-five (25) misdemeanors are not eligible for expungement. Some of these include sex offenses, dependent adult elder abuse, stalking, and harassment.

Can a Felony be Expunged in Iowa?

Iowa law does not allow expungement of felony convictions. Under Iowa Code § 901C.3, only certain misdemeanor offenses may be expunged, while felony convictions remain ineligible. Misdemeanor expungement: One misdemeanor may be sealed if at least eight years have passed since conviction, there are no pending charges or more than one deferred judgment, and all fines and costs are paid. Only one misdemeanor expungement is permitted in a lifetime.

Under Iowa Code § 901C, if all charges in a case (felony or misdemeanor) are dismissed or result in an acquittal, the record is automatically eligible for expungement after 180 days.

In short, while misdemeanors may be sealed under strict conditions, felony convictions cannot be expunged in Iowa.

Do Sealed Records Show up In Iowa Background Checks?

No, sealed criminal records do not show up on background checks. It is also illegal for any background check agency, independent or government-funded, to divulge sealed records in their possession without a court order.

Who may See Sealed Criminal Records in Iowa?

Generally, record custodians have access to sealed criminal records. Like the Department of Public Safety, other private entities, and even government agencies must obtain a court order to access sealed criminal records. In some instances, the court may order that a criminal record be unsealed if need be.

How may I Get My Record Expunged for Free in Iowa?

The expungement process in Iowa is generally free of charge. The state provides official forms at no cost, and the courts do not impose filing fees for these petitions. Applicants must, however, meet eligibility requirements and ensure that all financial obligations tied to their case are paid.

• Free official forms: The Iowa Judicial Branch offers downloadable expungement application forms at no cost. These cover scenarios such as dismissed charges, public intoxication, or specific misdemeanors.
• Filing process: Completed petitions may be submitted to the district court through Iowa’s eFile system or by mail. Applicants must include personal details such as full name, date of birth, case number, and charges. A copy of the petition must also be served on the county attorney.
• No filing fee: According to the Iowa Judicial Branch, there is no fee to file for expungement. Judges review petitions and issue an order if the requirements are met.
• Debt requirement: Expungement is only granted if all court fines, fees, and restitution have been paid in full, as required by Iowa Code § 901C.3.

With free forms, no filing fees, and online filing options, many Iowans are able to pursue expungement without legal costs. Those who need help may also contact Iowa Legal Aid or local legal clinics for free assistance.

How to Obtain Sealed Records in Iowa

Unless otherwise provided by state statutes, requesters must petition the court to unseal the record before the record custodian shall grant access to such a record. Generally, the requester must demonstrate to the court that unsealing the record is so paramount that it would be a grave injustice contrary to the unsealing.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.