Full question:
My son was charged with felony Burglary in the First Degree in Iowa but plead guilty to aggravated misdemeanor for punching fellow who slept with his wife. Any hope of expunging the felony charge?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Iowa
Answer:
Guilty pleas indicate an admission of guilt. Often, they are part of plea bargains where a defendant pleads guilty to a lesser charge in exchange for a lighter sentence. This can save time and resources compared to a trial. The judge must approve any plea bargain.
In your son's case, if the court accepted his guilty plea to a lesser charge, expungement of the felony charge may not be necessary. Expungement involves legally destroying or sealing criminal records. In Iowa, specific statutes govern the dissemination of criminal history data (Iowa Code § 692.2). These laws outline who can access this information and under what circumstances.
For individuals who successfully complete probation after a deferred judgment, their criminal history data regarding that judgment may be expunged. However, records related to felonies or serious misdemeanors may not be eligible for expungement unless specific conditions are met. It's advisable to consult with a legal professional to explore the options available for your son's situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.