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  • David A. Cmelik Law PLC

Cedar Rapids Criminal Lawyer explains: Iowa now approves expungements

Iowa criminal law misdemeanor expungement bill excerpt

The Iowa Legislature, in Senate File 589, has approved, and the Governor has signed into law, a criminal law bill that allows expungements of some misdemeanors after eight years. Under the new Iowa Code Sec. 901C.3, a person convicted of a misdemeanor, with certain exceptions, may seek expungement in the county of criminal conviction after proving that eight years has passed, the defendant has no pending criminal charges, the defendant has not previously been granted two deferred judgments, and all fines, court costs, fees, and surcharges, as well as victim restitution, have been paid to the clerk of court.

Of course, there are many exclusions. A defendant may not expunge driving while suspended, driving without SR22 insurance, or driving while revoked-- convictions under 321.218, 321A.32, and 321J.21 of the Iowa Code.

Unfortunately, Operating While Intoxicated, or, OWI (DUI) convictions in Iowa also may not be expunged under this statute, although deferred judgments for first offense OWI (DUI) are still be available under certain fact patterns pursuant to Iowa Code Sec. 321J.2.

A whole list of other more serious offenses are also excluded from possible expungement like harassment, assault, sex offenses, involuntary manslaughter, and ten others.

The expungement statute is retroactive, meaning, it applies to misdemeanors that occurred prior to, on, or after July 1, 2019. It's still very important to reiterate this new law does not apply to felonies, although deferred judgments may be available to certain defendants charged with deferred-eligible felonies at the time of sentencing pursuant to the deferred judgment statute.

If you or a loved one have been charged with a criminal offense in the Cedar Rapids, Iowa City, or other Iowa community, contact Cedar Rapids criminal and OWI (DUI) defense lawyer David A. Cmelik Law PLC for a free initial consultation today.

Remember, however that a blog is not legal advice and that no attorney client relationship is established by sending unsolicited information to a lawyer over the Internet.

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