Felony, Misdemeanor, and Infractions in Iowa

There are primarily two classes of crime in Iowa: felonies and misdemeanors.

According to the state's criminal laws, felonies are punishable by a sentence of at least two years in state prison.

Misdemeanors are less severe crimes and attract less punishment than felonies. Iowa's criminal law imposes a maximum of two years in jail for misdemeanors, as opposed to one year in other states in the US.

The state does not classify infractions as a crime but merely as breaching city rules and regulations. 

The Iowa Penal Code contains complete information about the crime classes, the punishment for each offense, and a few exceptions.

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.

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. The punishments for each felony class are distinct from each other. The laws of the state of Iowa ascribe punishment based on how serious each crime is perceived to be. The four classes of Felony in Iowa are:

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

The penal code in the state of Iowa 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, and 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 will pay a fine of between 1,000 USD and 10,000 USD. 

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

Class D felonies:

A Class D felony, being the least severe type of felony in Iowa, attracts a sentence of five years in state prison or less. The person convicted will also be required to pay a fine of between 750 USD and 7,500 USD.

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 USD plus a prison sentence. (Iowa Code § 124.401, (2019).)

The criminal laws in Iowa detail a statute of limitations. A statute of limitations is a period within which a state should begin prosecuting a felony. Once the time limit is reached, a prosecutor can no longer press criminal charges.

The statutes of limitations for each crime differ.

In Iowa, the statute of limitations for most felonies is three years. Very severe crimes have longer statutes of limitations, and murder does not have a statute of limitations.

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, both juvenile and adult felony records can be sealed. 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 the age of eighteen.

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, as at the time they were aged 18 to 21 years, will 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 if;

• 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.

Just to reiterate, conviction felony records can only be expunged if:

• The crime is alcohol-induced.
• The individual obtains a deferred judgment and completes probation.

Expungement removes all felony convictions from a person's criminal record.

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. Criminal records are open to the public; therefore, potential employers may access them. 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 individual may maintain a clean criminal record during the two-year waiting period.

For non-conviction felony records, individuals may have to wait 180 days from the day they are acquitted, or the case may be dismissed for applying for expungement.

If individuals do not file for expungement, a felony typically remains on their criminal records for life, except for some juvenile crimes.

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 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. They are:

• 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?

Based on the different categories of misdemeanors in the state, here are some examples of misdemeanors:

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 USD and 6,250 USD. 

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 USD and 1,875 USD. 

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 of 65 to 625 USD. In some instances, they may be obligated to do both. 

Examples of simple misdemeanors include possessing the 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?

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

As with felonies, the conditions of conviction and non-conviction for adult crimes also apply to misdemeanors. The requirements for sealing juvenile felony records also apply to juvenile misdemeanor crimes.

Records will not be qualified for expungement if:

• A criminal case is dismissed when individuals are found not 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. Individuals will need to contact the state's Division of Criminal Investigations (DCI).

Can a DUI Be Expunged in Iowa?

Yes! Individuals may have their Driving Under the Influence (DUI) convictions expunged in Iowa if; 

• They were granted a deferred judgment in court and completed probation. 

Persons should have paid all the necessary fees that are required of them.

However, expungement does not automatically erase a DUI conviction from a person's record. Some bodies, such as media publication houses and law enforcement agencies, will still have access to information on a person's DUI criminal charges regardless of successful expungement.  

In Iowa, the Department of Motor Vehicles is not affiliated with the court and is, therefore, not bound by court laws. Therefore, DUI 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 offense," or "county offense."

The state defines a municipal infraction as a civil offense that attracts a civil penalty as its punishment. The penalty is usually a fine of no more than 300 USD per violation. 

In the case of multiple or repeated offenses, the civil penalty does not exceed 500 USD per repeat. This definition means that the only punishment for a municipal infraction is the payment of a fine.

The state of Iowa does not consider municipal offenses a crime. This means that individuals who are found guilty of a municipal offense will not be subjected to a court trial or spend time in jail.

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

Can Infractions be Expunged from an Iowa Criminal Court Record?

No! 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.