How Do I Get Records Expunged in Iowa?
Full Question:
Answer:
Upon discharge from probation, a person whose judgment has been deferred under section 907.3. may have records expunged. We are unable to predict whether the judge will grant a deferred sentence or what the length of probation may be, as it is a subjective determination for the court, based on all the facts in each case.
Please see the following Iowa statutes to determine applicability:
907.5 Standards for release on probation — written reasons.
Before deferring judgment, deferring sentence, or suspending sentence,
the court first shall determine which option, if available, will provide
maximum opportunity for the rehabilitation of the defendant and
protection of the community from further offenses by the defendant and
others. In making this determination the court shall consider the age of
the defendant; the defendant's prior record of convictions and prior
record of deferments of judgment if any; the defendant's employment
circumstances; the defendant's family circumstances; the nature of the
offense committed; and such other factors as are appropriate. The court
shall file a specific written statement of its reasons for and the facts
supporting its decision to defer judgment, to defer sentence, or to
suspend sentence, and its decision on the length of probation.
1. The length of the probation shall be for a period as the court
shall fix but not to exceed five years if the offense is a felony or not
to exceed two years if the offense is a misdemeanor. The period of
probation may be extended for up to one year including one year beyond the
maximum period as provided in section 908.11.
2. The length of the probation shall not be less than one year if the
offense is a misdemeanor and shall not be less than two years if the
offense is a felony.
3. The court may subsequently reduce the length of the probation if the
court determines that the purposes of probation have been fulfilled and
the fees imposed under section 905.14 have been paid to or waived by the
judicial district department of correctional services and that court debt
collected pursuant to section 602.8107 has been paid. The purposes of
probation are to provide maximum opportunity for the rehabilitation of the
defendant and to protect the community from further offenses by the
defendant and others.
4. In determining the length of the probation, the court shall
determine what period is most likely to provide maximum opportunity for
the rehabilitation of the defendant, to allow enough time to determine
whether or not rehabilitation has been successful, and to protect the
community from further offenses by the defendant and others.
Sec. 2. Section 908.11, subsection 4, Code 2009, is amended to read as
follows:
4. If the violation is established, the court may continue the
probation or youthful offender status with or without an alteration of the
conditions of probation or a youthful offender status. If the defendant
is an adult or a youthful offender the court may hold the defendant in
contempt of court and sentence the defendant to a jail term while
continuing the probation or youthful offender status, order the defendant
to be placed in a violator facility established pursuant to section 904.207
while continuing the probation or youthful offender status, extend the
term of probation for up to one year as authorized in section 907.7 while
continuing the probation or youthful offender status, or revoke the
probation or youthful offender status and require the defendant to serve
the sentence imposed or any lesser sentence, and, if imposition of
sentence was deferred, may impose any sentence which might originally
have been imposed.
Sec. 3. Section 910.4, subsection 1, paragraph b, subparagraph (1),
Code 2009, is amended to read as follows:
(1) If the court extends the period of probation, itthe period of
probation shall not be for more than the maximum period of probation for
the offense committed except for an extension of a period of probation as
authorized in section 907.7. After discharge from probation or
after the expiration of the period of probation, as extended if
applicable, the failure of an offender to comply with the plan of
restitution ordered by the court shall constitute contempt of court.
Sec. 4. APPLICABILITY. This Act applies to criminal offenses
committed on or after July 1, 2010.
907.3A Youthful offender deferred sentence — youthful offender status.
1. Notwithstanding section 907.3 but subject to any conditions of the
waiver order, the trial court shall, upon a plea of guilty or a verdict
of guilty, defer sentence of a youthful offender over whom the juvenile
court has waived jurisdiction pursuant to section 232.45, subsection 7,
and place the juvenile on youthful offender status. The court shall
transfer supervision of the youthful offender to the juvenile court for
disposition in accordance with section 232.52. The court shall require
supervision of the youthful offender in accordance with section 232.54,
subsection 1, paragraph "h", or subsection 2 of this section.
Notwithstanding section 901.2, a presentence investigation shall not be
ordered by the court subsequent to an entry of a plea of guilty or
verdict of guilty or prior to deferral of sentence of a youthful offender
under this section.
2. The court shall hold a hearing prior to a youthful offender's
eighteenth birthday to determine whether the youthful offender shall
continue on youthful offender status after the youthful offender's
eighteenth birthday under the supervision of the court or be discharged.
The court shall review the report of the juvenile court regarding the
youthful offender and shall hear evidence by or on behalf of the youthful
offender, by the county attorney, and by the person or agency to whom
custody of the youthful offender was transferred. The court shall make its
decision after considering the services available to the youthful offender,
the evidence presented, the juvenile court's report, the interests of the
youthful offender, and interests of the community.
3. Notwithstanding any provision of the Code which prescribes a
mandatory minimum sentence for the offense committed by the youthful
offender, following transfer of the youthful offender from the juvenile
court back to the court having jurisdiction over the criminal proceedings
involving the youthful offender, the court may continue the youthful
offender deferred sentence or enter a sentence, which may be a suspended
sentence. Notwithstanding anything in section 907.7 to the contrary, if
the district court either continues the youthful offender deferred
sentence or enters a sentence, suspends the sentence, and places the
youthful offender on probation, the term of formal supervision shall
commence upon entry of the order by the district court and may continue
for a period not to exceed five years. If the district court enters a
sentence of confinement, and the youthful offender was previously placed
in secure confinement by the juvenile court under the terms of the
initial disposition order or any modification to the initial disposition
order, the person shall receive credit for any time spent in secure
confinement. During any period of probation imposed by the district
court, a youthful offender who violates the terms of probation is subject
to section 908.11.
907.9 Discharge from probation.
1. At any time that the court determines that the purposes of probation
have been fulfilled and fees imposed under section 905.14 and court debt
collected pursuant to section 602.8107 have been paid, the court may
order the discharge of a person from probation.
2. At any time that a probation officer determines that the purposes
of probation have been fulfilled and fees imposed under section 905.14
and court debt collected pursuant to section 602.8107 have been paid,
the officer may order the discharge of a person from probation after
approval of the district director and notification of the sentencing
court and the county attorney who prosecuted the case.
3. The sentencing judge may order a hearing on its own motion, or shall
order a hearing upon the request of the county attorney, for review of
such discharge. If the sentencing judge is no longer serving or unable to
order such hearing, the chief judge of the district or the chief judge's
designee shall order any hearing pursuant to this section. Following the
hearing, the court shall approve or rescind such discharge. If a hearing
is not ordered within thirty days after notification by the probation
officer, the person shall be discharged and the probation officer shall
notify the state court administrator of such discharge.
4. At the expiration of the period of probation if the fees imposed
under section 905.14 and court debt collected pursuant to section 602.8107
have been paid, the court shall order the discharge of the person from
probation. If portions of the court debt remain unpaid, the person shall
establish a payment plan with the clerk of the district court or the
county attorney prior to the discharge. The court shall forward to the
governor a recommendation for or against restoration of citizenship
rights to that person upon discharge. A person who has been discharged
from probation shall no longer be held to answer for the person's
offense. Upon discharge from probation, if judgment has been deferred
under section 907.3, the court's criminal record with reference to the
deferred judgment shall be expunged. The record maintained by the state
court administrator as required by section 907.4 shall not be expunged.
The court's record shall not be expunged in any other circumstances.
5. A probation officer or the director of the judicial district
department of correctional services who acts in compliance with this
section is acting in the course of the person's official duty and is
not personally liable, either civilly or criminally, for the acts of a
person discharged from probation by the officer after such discharge,
unless the discharge constitutes willful disregard of the person's
duty.
