A bill that would erase public court records in cases where a defendant is acquitted or charges are dismissed has been sent to the Governor for his signature.
Under SF 385, a defendant will be able to request that the court expunge a criminal record when all criminal charges in the case are dismissed, or the defendant is acquitted. There will be a 180-day waiting period before records can be erased and charges can be refiled if new evidence becomes available. Court records could not be expunged, however, in cases where a defendant was found to be not guilty by reason of insanity.
In Iowa, court records are easily accessible online. Those who are charged with a crime but are found not guilty or have the charges dismissed are at a disadvantage if those criminal charges continue to be public record. Landlords and employers often check online court records for the names of prospective tenants and employees, which means inaccurate information can have a significant negative impact on getting a job or finding a place to live. In addition, those who’ve been wrongfully charged may be embarrassed and uncomfortable that the information is open for public viewing.
Many other states allow criminal records to be expunged under these circumstances. When the bill takes effect in January of 2016, Iowa will join their ranks.