The Senate Judiciary Committee recently approved a bill allowing those charged with a crime to apply to have court records of the criminal charge and proceedings expunged if the charges were dismissed or resulted in a “not guilty” verdict.
Sometimes people are wrongly accused of a crime. This can have all sorts of other negative consequences. Many employers access Iowa Courts Online during the hiring process and property owners check online court records when deciding whom to rent to. Just seeing someone’s name in the court records can hurt their chances of getting a job or finding housing.
Senate Study Bill 1110 will provide those who were never convicted of the crime a better opportunity to move on with their lives. A defendant in a case will be able to make application to the court to expunge a criminal record when all criminal charges in the case are dismissed, or the defendant is acquitted of all charges in the case and:
- All court costs, fees and financial obligations ordered by the court are paid.
- The case is dismissed permanently or is beyond the statute of limitations.
- The defendant is not being charged with a crime in a related case or has not been convicted of a crime in a related case.
- The defendant was not found “not guilty by reason of insanity” or incompetent to stand trial.
- All parties in the case have notice of the application to expunge and an opportunity to object.
If all requirements are met, the court must expunge the records of the criminal case. The expunged record will be a confidential record exempt from public access but will be available to the defendant and to various justice system agencies. It’s a step in the right direction toward a fairer system of justice.