Full question:
I was charged with and arrested for assault. However, I was acquitted of all charges. Can I get my arrest records expunged in Iowa?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Iowa
Answer:
Yes. In Iowa, if a case was dismissed or the accused was acquitted, the court can enter an order expunging the record of the case. However, this does not mean that the records will cease to exist entirely. The records would not be available to the general public. However, the records may remain available to the court, prosecutors, and law enforcement. The §901C.1 of the Iowa Code states that:“1. As used in this section, unless the context otherwise requires, “expunge” and“expungement” mean the same as expunged in section 907.1.
2. a. Except as provided in paragraph “b”, upon application of a defendant or a prosecutor in a criminal case, or upon the court’s own motion in a criminal case, the court shall enter an order expunging the record of such criminal case if the court finds that the defendant has established that all of the following have occurred, as applicable:
(1) The criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.
(2) All court costs, fees, and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
(3) A minimum of one hundred eighty days have passed since entry of the judgment of acquittal or of the order dismissing the case relating to all criminal charges, unless the court finds good cause to waive this requirement for reasons including but not limited to the fact that the defendant was the victim of identity theft or mistaken identity.
(4) The case was not dismissed due to the defendant being found not guilty by reason of insanity.
(5) The defendant was not found incompetent to stand trial in the case.
b. The court shall not enter an order expunging the record of a criminal case under paragraph “a” unless all the parties in the case have had time to object on the grounds that one or more of the relevant conditions in paragraph “a” have not been established.
3. The record in a criminal case expunged under this section is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to the defendant or to an agency or person granted access to the deferred judgment docket under section 907.4, subsection 2.
4. This chapter does not apply to dismissals related to a deferred judgment under section 907.9.
5. This chapter applies to all public offenses, as defined under section 692.1.
6. The court shall advise the defendant of the provisions of this chapter upon either the acquittal or the dismissal of all criminal charges in a case.
7. The supreme court may prescribe rules governing the procedures applicable to the expungement of the record of a criminal case under this chapter.
8. This section shall apply to all relevant criminal cases that occurred prior to, on, or after January 1, 2016”
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.
