The Iowa Second Chance Expunction Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Primary Sources: Chapter 901C(2019) / Chapter 907.3 (2019) Chapter 907.9 (2019)/ Section 232.150 (2019)/ Section 692.17 (2019)
Secondary Sources: Iowa CCRC Profile(7/7/2020)
Summary of the Law
CONVICTIONS: Chapter 901C Section 3
- Misdemeanors: Expungement for misdemeanors if no pending charges, and not more than one prior deferred judgment, after 8-year waiting period from date of conviction. Chapter 901C Section 3(1)(a)-(d). Ineligible offenses see #3.
- Felonies: None that we are modeling. For a list of unmodeled categories, see section 6.
- Not Eligible:
- Expungement for Misdemeanors not available for offenses listed in Chapter 901C Section 3(2).
- Lifetime or Other Limits: Expungement for Misdemeanor available once in person’s lifetime, but petition may include multiple misdemeanors if arose from the same transaction or occurrence. Chapter 901C Section 3(3).
- LFO Payment Required for Sentence Completion: Yes for Misdemeanor convictions (Chapter 901C Section 3(1)(d)).
- Other Unmodeled Criteria or Details:
- Expungement for certain Felonies and Misdemeanors Receiving Deferred Adjudication (Section 907.3(1)(a)(1)-(3), Section 907.3(1)(c), and 907.9(4)(b)), Juvenile Felonies and Misdemeanors (Section 232.150(1)(a)(1)-(4), Section 692.17(1)).
NON-CONVICTIONS: Chapter 901C Section 2
- Expungement for any charges (acquitted or dismissed, not for incompetence to stand trial or insanity), and all LFO’s paid, upon petition or court’s own motion, after waiting-period of 180 days from entry of judgment. Chapter 901C Section 2(1)(a)(1)-(5).