Expungement / Record Sealing Petition and Eligibility Memo — Iowa

Expungement / Record Sealing Petition and Eligibility Memo (IOWA)

Quick-Reference Summary

Part A — Eligibility Memo

MEMORANDUM

To: [________________________________]
From: [________________________________], Iowa Bar No. [_____]
Date: [__/__/____]
Re: Eligibility for Expungement under Iowa Code § 901C.3 / § 901C.2 / § 907.9 — [CLIENT NAME]

I. Executive Summary

This memorandum analyzes whether [CLIENT NAME] qualifies for expungement of Iowa criminal records. Iowa offers three pathways: (1) § 901C.3 (one-shot lifetime misdemeanor expungement after 8 years); (2) § 901C.2 (acquittals and dismissals after 180 days); and (3) § 907.9 (automatic on successful completion of a deferred judgment). Iowa law does not generally permit expungement of felony convictions.

Bottom-line assessment: ☐ Eligible under § 901C.3 ☐ Eligible under § 901C.2 ☐ Eligible under § 907.9 ☐ Ineligible — see Part III

II. Statutory Framework

§ 901C.3 — Misdemeanor Conviction Expungement. Upon application of a defendant convicted of a misdemeanor offense in the county where the conviction occurred, the court shall enter an order expunging the record if the defendant proves all of the following:

1. The conviction is for a misdemeanor that is not statutorily excluded (see ineligibility list in Quick-Reference table).
2. More than eight (8) years have passed since the date of the misdemeanor conviction.
3. All court costs, fees, fines, restitution, and other financial obligations have been paid in full.
4. The defendant has no pending criminal charges (any "public offense" under § 692.1).
5. The defendant has not previously been granted more than one (1) deferred judgment.
6. The defendant has not previously received a § 901C.3 expungement (one per lifetime).

§ 901C.2 — Non-Conviction Expungement. Court shall enter expungement order if:

1. The criminal case resulted in acquittal of all charges or dismissal of all charges.
2. All court costs, fees, and other financial obligations have been paid.
3. At least 180 days have passed since the judgment of acquittal or dismissal order (court may waive for good cause — e.g., identity theft, mistaken identity).
4. The case was not dismissed because the defendant was found not guilty by reason of insanity.
5. The defendant was not found incompetent to stand trial in the case.

§ 901C.2 applies to all public offenses and applies retroactively to cases that occurred before, on, or after January 1, 2016.

§ 907.9 — Deferred Judgment Expungement. When a defendant successfully completes the terms of a deferred judgment under § 907.3, the court discharges the defendant and the record of the deferred judgment is expunged.

III. Application to [CLIENT NAME]

IV. Ineligibility Checklist (Iowa Code § 901C.3 / Rule 2.86 Form 2 ¶4)

The following misdemeanors are categorically ineligible for § 901C.3 expungement:

• ☐ § 123.46 (public intoxication — but see special § 123.46(6) 2-year remedy)
• ☐ § 123.47(3) (alcohol to minors)
• ☐ § 235B.20 (dependent adult abuse)
• ☐ § 321.218 (driving while license barred)
• ☐ § 321A.32 (financial-responsibility violation)
• ☐ § 321J.21, § 321J.2 (OWI / boating while intoxicated)
• ☐ § 707.5 (nonconsensual termination of pregnancy)
• ☐ § 708.2(3); § 708.2A (domestic abuse assault)
• ☐ § 708.7 (harassment)
• ☐ § 708.11 (stalking)
• ☐ § 708.12 (sexual exploitation by counselor)
• ☐ § 716.8(3)–(4) (criminal mischief)
• ☐ § 721.2 (nonfelony bribery / corruption)
• ☐ § 721.10 (interference with judicial process)
• ☐ § 723.1 (riot)
• ☐ Ch. 717C (animal abuse)
• ☐ Ch. 719 (resisting government); Ch. 720 (false reports); Ch. 724 (weapons)
• ☐ Ch. 726 (offenses against the family); Ch. 728 (obscenity)
• ☐ Ch. 901A (sexually predatory offenses)
• ☐ Sex offense as defined in § 692A.101

If any box is checked, the conviction is NOT eligible under § 901C.3.

V. Strategic Considerations

• One-shot lifetime cap. If client has multiple eligible misdemeanors, choose the one with the highest collateral-consequence impact (employment, licensure, housing).
• Consolidation. § 901C.3(3) permits expungement of related cases arising from the same transaction or occurrence in a single petition (filed separately in each case).
• Public intoxication / PAULA. First-offense § 123.46 and § 123.47(3) (minor in possession / public consumption) carry their own 2-year expungement under §§ 123.46(6) and 123.47(8). Use this before burning the § 901C.3 lifetime credit.
• Deferred judgments. Under § 907.9, a successfully completed deferred judgment is expunged automatically and does NOT count as a § 901C.3 expungement.
• Felony convictions. Iowa has no general felony expungement statute. Options: (i) deferred-judgment expungement under § 907.9 if originally granted; (ii) Governor's pardon under Iowa Const. art. IV, § 16.

VI. Conclusion

[CLIENT NAME] is ☐ eligible / ☐ not eligible to petition under [§ 901C.3 / § 901C.2 / § 907.9]. Recommended next step: [________________________________________________].

Part B — Petition Template

Caption

In the Iowa District Court for [_______________] County
Case No(s).: [____________________________________]

APPLICATION TO EXPUNGE MISDEMEANOR COURT RECORDS UNDER IOWA CODE § 901C.3

(Iowa Court Rule 2.86 — Form 2)

Defendant respectfully applies to the court for an order expunging the misdemeanor court records in the above-captioned case (or cases) pursuant to Iowa Code § 901C.3. In support of this application, Defendant acknowledges that the following statements are true and correct to the best of Defendant's knowledge:

1. Defendant's Personal Information

Current legal name: [_____________________________________________]
(Full first / middle / last; write "N/A" if none)

All other names ever used (including previous legal names and nicknames):
[____________________________________________________________]

Date of birth: [__/__/____]
Driver's license number: [_____________________________________]
Social Security number: [_____________________________________]
Current address: [_____________________________________________]
Telephone: [_____________________] Email: [__________________]

2. Verified Statements

☐ (a) Defendant has not been granted a prior Iowa Code § 901C.3 expungement.

☐ (b) This application involves related cases, and Defendant seeks expungement of the misdemeanor court records in all of the following cases that arise out of the same transaction or occurrence (see Iowa Code § 901C.3(3)):

[List each case number, court, and date: ____________________________________]

(Defendant understands this application must be filed separately in each such case.)

☐ (c) The misdemeanor criminal conviction(s) covered by this application are eligible for expungement and are not convictions under Iowa Code §§ 123.46, 123.47(3) (or similar local ordinance), 235B.20, 321.218, 321A.32, 321J.21, 321J.2, 707.5, 708.2(3), 708.2A, 708.7, 708.11, 708.12, 716.8(3)–(4), 721.2, 721.10, 723.1; chapters 717C, 719, 720, 724, 726, 728, or 901A; or a sex offense as defined in § 692A.101.

☐ (d) All court costs, fees, fines, restitution, and other financial obligations ordered by the court or assessed by the clerk in relation to the misdemeanor conviction(s) have been paid in full. (Attach clerk's payment certification or receipt.)

☐ (e) More than eight (8) years have passed since the date of the misdemeanor conviction(s) identified above. Date of conviction: [__/__/____].

☐ (f) Defendant has no pending criminal charges. ("Criminal" means any public offense as defined in Iowa Code § 692.1.)

☐ (g) Defendant has not previously been granted more than one (1) deferred judgment under Iowa Code § 907.3. (Multiple charges with deferred judgment granted at the same time count as one.)

☐ (h) Defendant has attached an official Iowa Division of Criminal Investigation criminal history records check dated within the past 30 days, obtained by submitting form DCI-77 with a release authorization signature.

3. Acknowledgements

☐ I understand that I must provide a copy of this application to the county attorney.

☐ I understand that if I file this application to expunge multiple cases, all cases must be related to the same transaction or occurrence.

☐ I understand that Iowa Code § 901C.3 only permits me one misdemeanor expungement in my lifetime.

☐ I understand that the records in a criminal case expunged under this section are confidential and exempt from public access under Iowa Code § 22.7, but the clerk may make the records available upon court order.

4. Prayer for Relief

WHEREFORE, Defendant respectfully requests that this Court:

(a) Find that Defendant has established all statutory conditions of Iowa Code § 901C.3;
(b) Enter an order expunging the records of the above-captioned criminal case(s);
(c) Direct the clerk of court to transmit the order to all relevant agencies, including the Iowa Department of Public Safety, the arresting agency, and the Iowa Criminal History Repository; and
(d) Grant such other and further relief as is just and proper.

VERIFICATION

I, [________________________________], declare under penalty of perjury and pursuant to Iowa Code § 622.1 that the foregoing is true and correct.

Dated this [____] day of [_____________], [______].

________________________________________
[DEFENDANT NAME], Pro Se / Defendant
[Address / Telephone / Email]

— or —

________________________________________
[ATTORNEY NAME], Iowa Bar No. [_____]
[Firm / Address / Telephone / Email]
Attorney for Defendant

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a copy of this Application on the [_______________] County Attorney by [☐ EDMS ☐ U.S. mail ☐ hand delivery ☐ email] at [address/email].

________________________________________
[Signature]

Part C — Filing Checklist

Pre-Filing

• ☐ Confirm offense is a misdemeanor and not on the § 901C.3 exclusion list (Rule 2.86 Form 2 ¶4)
• ☐ Confirm 8 years have elapsed since the date of conviction (not date of offense)
• ☐ Obtain certified clerk's printout showing all fines, costs, restitution paid in full
• ☐ Obtain Iowa DCI criminal history records check (form DCI-77) dated within 30 days of filing
• ☐ Verify no pending criminal charges in any Iowa or other jurisdiction
• ☐ Confirm client has not received prior § 901C.3 expungement
• ☐ Confirm client has had no more than one prior deferred judgment
• ☐ Identify county where conviction occurred (filing venue)
• ☐ Identify any related cases arising from same transaction/occurrence (§ 901C.3(3))

Filing

• ☐ Complete Iowa Court Rule 2.86 — Form 2 (Application to Expunge Misdemeanor)
• ☐ Attach DCI criminal history records check
• ☐ Attach clerk's payment certification / receipts
• ☐ Attach proposed Order to Expunge
• ☐ File via Iowa EDMS in the district court for the county of conviction
• ☐ Pay filing fee or submit fee-waiver application (Iowa R. Civ. P. 1.413)
• ☐ Serve copy on the county attorney (required by § 901C.3(4))

Post-Filing

• ☐ Calendar 30-day response window for county attorney
• ☐ Monitor EDMS for any objection or court inquiry
• ☐ If hearing set, prepare witnesses and documentary evidence of rehabilitation
• ☐ Upon entry of order, request certified copies for client
• ☐ Confirm transmission to Iowa DPS / Iowa Criminal History Repository
• ☐ Advise client that expunged records remain confidential under § 22.7 but may be made available by court order
• ☐ Advise client that the § 901C.3 lifetime credit is now used

For § 901C.2 (Non-Conviction) Cases

• ☐ Use Iowa Court Rule 2.86 — Form 1 instead of Form 2
• ☐ Confirm 180 days have elapsed since acquittal/dismissal (or good-cause waiver basis)
• ☐ Confirm case was not dismissed for NGRI or incompetency
• ☐ Confirm all financial obligations paid

For § 907.9 (Deferred Judgment) Cases

• ☐ Confirm successful discharge from deferred judgment / probation
• ☐ Expungement should be automatic on discharge; if not posted, file motion for order directing clerk to expunge

Sources and References

• Iowa Code Chapter 901C (Expungement of Criminal Records): https://www.legis.iowa.gov/docs/code/901C.pdf
• Iowa Code § 901C.3 (Misdemeanor Expungement): https://www.legis.iowa.gov/docs/code/901C.3.pdf
• Iowa Code § 907.9 (Discharge from Probation): https://www.legis.iowa.gov/docs/code/907.9.pdf
• Iowa Court Rule 2.86 — Form 2 (Application to Expunge Misdemeanor Court Records): https://www.iowacourts.gov/collections/867/files/1965/embedDocument/
• Iowa Court Rule 2.86 — Form 1 (Application to Expunge Dismissal/Acquittal Records): https://www.iowacourts.gov/
• Iowa Judicial Branch — Self-Represented Forms: https://www.iowacourts.gov/for-the-public/representing-yourself
• Iowa DCI Criminal History Record Check (form DCI-77): https://dps.iowa.gov/divisions-iowa-department-public-safety/iowa-division-criminal-investigation/criminal-history-record-check-information
• Iowa Legal Aid — Expungement of Adult Criminal Conviction: https://iowalegalaid.org/resource/can-i-expunge-my-adult-criminal-conviction-in-1/
• Iowa State University Student Legal Services — Expungements: https://studentlegal.dso.iastate.edu/expungements
• Collateral Consequences Resource Center — Iowa Restoration of Rights: https://ccresourcecenter.org/state-restoration-profiles/