Felony, Misdemeanor, and Infractions in Iowa

According to the Iowa Penal Code, there are primarily two classes of crime in Iowa: felonies and misdemeanors. Felonies are severe crimes that are punishable by at least 2 years in jail, while misdemeanors are less severe and may incur less than two years' imprisonment. Note that the state does not classify infractions as a crime but merely as breaching city rules and regulations.

Iowa criminal cases are heard by the state’s criminal courts. Interested members of the public may request and obtain Iowa criminal court records from the court where the hearing took place. In addition to identifying record types, Iowa’s statutes of limitations determine how long the Hawkeye State may file charges.

What is a Felony in Iowa?

The state of Iowa recognizes felonies as the most severe category of crime. They generally attract the most severe punishments and may be detrimental to an individual's reputation.

In Iowa, felonies are classified into four categories:

• Class A Felonies,
• Class B Felonies,
• Class C Felonies, and
• Class D Felonies.

The punishments for each felony class are distinct from each other. Iowa laws typically impose penalties based on how serious each crime is perceived to be.

The penal code describes Class A felonies as the most severe and Class D felonies as the least severe crimes. Therefore, Class A felonies attract the most severe punishment, and Class D the least serious.

What are some Examples of Felonies in Iowa?

Based on each class, here are some examples of felonies and the punishment they attract:

Class A felonies:

A convicted felon in this category may be required to serve a lifetime in state prison. However, the state's governor may commute the prison sentence.

Examples of Class A felonies in Iowa include:

Sexually assaulting an individual and causing severe injuries in the process (Iowa Code § 902.1 (2019).)

Class B felonies:

For Class B felonies, convicted individuals are liable to serve up to 25 years in state prison.

Examples of Class B felonies include:

• Attempted murder
• Second-degree kidnapping
• Homicide as a result of DUI
• First-degree burglary
• Sexual abuse in the second degree (Iowa Code § 902.9 (2019).)

Class C felonies:

Class C felonies attract a prison sentence plus payment of fines. Convicted individuals are likely to spend up to ten years in state prison and pay a fine between $1,000 and $10,000.

Examples of crimes labeled as Class C felonies include thefts of property worth more than $10,000. (Iowa Code § 902.9, (2019).)

Class D felonies:

A Class D felony, being the least severe type of felony in Iowa, attracts up to five years in jail. Persons convicted of such felonies may pay fines between $750 and $7,500.

Examples include: cultivating up to 50 kilograms of marijuana (Iowa Code § 902.9 (2019).)

In Iowa, some felonious crimes attract special fines backed by the state's criminal statutes. An example is an individual convicted of selling between 100 and 1000 kilograms of marijuana. In this case, the court may require the convict to pay a fine of up to $100,000 in addition to spending time in jail. Iowa Code § 124.401.

Iowa criminal laws impose a statute of limitations on crimes. A statute of limitations is a period within which a prosecutor can file charges against an offender. A prosecutor or crime victim is unable to press charges after the time limit expires.

There are different statutes of limitations for crimes in Iowa. Felony offenses have a 3-year statute of limitation. However, severe felonies like murder do not have a statute of limitation.

A felony charge may be dismissed if the defendants have suitable legal representation. The latter may put up compelling arguments to defend themselves in court. Petitioners are typically advised to seek the counsel of certified attorneys.

In Iowa, defendants who plead guilty to felony charges may be granted deferred adjudication as opposed to being convicted.

Can an Individual get a Felony Removed from a Court Record in Iowa?

Yes. However, the options are minimal, and it all depends on certain factors.

In Iowa, offenders can seal both juvenile and adult felony records. Sealing felony records prevents the public from accessing them without a court order. It is worth noting that law enforcement and other governmental agencies may be able to access them.

Convicts are usually required to meet certain conditions before they are eligible to seal felony records. A person is qualified:

• If the person is 18 years old, or if the criminal case ended two years prior,
• If there are no pending felony charges, and
• If the individual did not receive a youthful offender status and was sentenced after being referred back to court at 18 years old.

The state of Iowa automatically removes most juvenile felony convictions from individuals' criminal records once they reach twenty-one. Individuals convicted of an aggravated felony at the time they were aged 18 to 21 years might be required to request expungement as an adult.

For adults, Iowa's revised criminal laws permit the expungement of some felony arrest records. The waiting period is 180 days for individuals who meet the following criteria:

• Acquittal by a court
• Dismissed charges
• Granted deferred adjudication and completed probation.

Generally, most non-conviction felony records may be expunged, while convicted felony records are eligible for expungement under these conditions:

• The individual was convicted of an offense induced by alcohol that the state categorizes as eligible.
• The individual was granted deferred adjudication and completed probation.

Is Expungement the Same as Sealing Court Records in Iowa?

No. Expungement and sealing a court record are two different things in Iowa. In Iowa, expungement does not erase the criminal history of convicts, but it seals their court files. Note that criminal records are generally open to the public, which may include potential employers or landlords. Iowa State's FOIA laws also give third-party organizations the right to publish criminal records for public view.

How Long Does a Felony Stay on an Individual's Record in Iowa?

It all depends on the nature of the felony offense. For example, a felony stemming from alcohol usage may be expunged after two years if the individual files for expungement. However, the offender is typically required to maintain a clean criminal record during the two-year waiting period.

For non-conviction felony records, individuals may apply for expungement 180 days after the acquittal or dismissal date.

What is a misdemeanor in Iowa?

The state of Iowa defines a misdemeanor as any crime that attracts a prison sentence of up to two years in a county or local jail. Misdemeanors are considered less serious crimes in the state and attract less strict punishments than felonies.

There are three classes of misdemeanors in Iowa, namely:

• Aggravated Misdemeanors,
• Serious Misdemeanors, and
• Simple Misdemeanors.

In Iowa, aggravated misdemeanors are the most severe class of misdemeanors, while simple misdemeanors are the least severe class.

Aggravated misdemeanors attract the most severe punishments, while simple misdemeanors attract the least.

What Are Some Examples Of Misdemeanors In Iowa?

Examples of misdemeanors in Iowa include, but are not limited to:

Aggravated Misdemeanors:

Anyone convicted of an aggravated misdemeanor in Iowa may serve up to two years in jail and be expected to pay a fine of between $625 and $6,250.

Examples of aggravated misdemeanors include illegal possession of a weapon (Iowa Code § 903.1 (2019).)

Serious Misdemeanors:

In Iowa, any individual convicted of a severe misdemeanor will be required to serve up to one year of jail time and pay a fine between $315 and $1,875.

Examples of serious misdemeanors include inflicting assault on an individual that leads to physical injury or mental illness (Iowa Code § 903.1 (2019)).

Simple Misdemeanors:

If convicted of a simple felony, individuals may spend up to thirty days in jail or pay a fine between $65 and $625. In some instances, they may be obligated to do both.

Examples of simple misdemeanors include possessing drug paraphernalia (Iowa Code § 903.1 (2019).)

As in the case of felonies, misdemeanors also have a statute of limitations. In Iowa, both aggravated and serious misdemeanors have a time limit of three years. A defendant can file for a case dismissal within that time. Simple misdemeanors have a time limit of one year. (Iowa Code §§ 802.3, 802.4 (2019).)

Defendants can be acquitted of a misdemeanor charge if their lawyers can put up a good argument and prove their innocence in court. Deferred adjudication may also be granted to defendants who plead guilty.

Can an Individual Get a Misdemeanor Removed from a Record in Iowa?

Generally, most simple misdemeanors can be removed from a person's record in Iowa.

As with felonies, offenders may follow the same conditions when applying to remove conviction or non-conviction misdemeanor crimes. The requirements for sealing juvenile felony records also apply to juvenile misdemeanor crimes.

Misdemeanor records are not eligible for expungement if:

• The criminal case is dismissed.
• The defendant was not found guilty because of insanity or incompetence to stand trial (Iowa Code § 901C.2 (2018)).

In Iowa, individuals who detect errors in their criminal records can have them corrected. Such parties may contact the state's Division of Criminal Investigations (DCI) to rectify the error.

Can a DUI Be Expunged in Iowa?

Yes. Individuals may have their Operating While Intoxicated (OWI) convictions expunged in Iowa if:

• They were granted a deferred judgment in court and completed probation.
• They have paid all the necessary fees.

However, expungement does not automatically erase an OWI conviction from a person's record. Some authorized entities might still have access to such records.

Vehicle-related issues are not under the court’s jurisdiction. Therefore, OWIs may remain on an individual's driving record for at least 12 years.

What Constitutes An Infraction In Iowa?

In Iowa, infractions are termed "municipal infractions", "civil offenses", or "county offenses". The state defines a municipal infraction as a civil offense that attracts a civil penalty as its punishment. Infractions typically come with fines up to $500 per conviction. Note that offenders will not receive a prison sentence for such crimes.

What Are Some Examples Of Infractions In Iowa?

In Iowa, criminal offenses that violate city or county laws are considered infractions. Some examples of these acts include:

• Disobeying any traffic laws, such as overspeeding and not wearing a seatbelt.
• An obstruction that involves resisting or opposing police officers in the discharge of their work duties.
• Littering the floor.

Can Infractions be Expunged from an Iowa Criminal Court Record?

Infractions are not crimes under Iowa law. Therefore, they are ineligible to be considered for expungement. Only criminal acts are considered for expungement under certain circumstances in the state of Iowa.

What is Deferred Adjudication in Iowa?

Iowa’s legal system might impose deferred judgment if a defendant pleads guilty or no contest to a criminal charge. Iowa Code Section §907.3. In such an instance, the court may defer the conviction and place the defendant on probation. The probation often comes with conditions and may run for a specific period. Conditions for probation may include supervised visits and restitution fees to victims. Note that the court may revoke the probation if the defendant violates the conditions.

Not all defendants are eligible for a deferred judgment in Iowa. Defendants may qualify for a deferred judgment if:

• They do not have a prior conviction for a felony offense.
• They have not received more than two deferred judgments anywhere in the country.
• They have not received a deferred judgment for a felony offense in the five years before the offense date.
• They are not convicted of a drug-related crime that involves methamphetamine.
• They were not convicted of aggravated sex crimes, OWI, human trafficking, or domestic abuse.

Types of Crimes Eligible for Deferred Adjudication in Iowa

Iowa laws determine which crimes or offenses are eligible for deferred judgments. Eligible crimes are usually of a non-violent nature or do not pose severe consequences to public safety. For instance, crimes like theft and shoplifting are eligible for deferred judgment. However, the state judicial system will not offer probation for sex crimes or domestic abuse crimes.