Expungement Petition - Preparation Worksheet - Iowa

IOWA EXPUNGEMENT ROUTE AND OFFICIAL-FORM PREPARATION GUIDE

USE THE OFFICIAL FORM. Iowa Court Rule 2.86 provides different forms for different expungement routes. This guide helps select and prepare the correct form; it is not a substitute pleading.

1. SELECT THE ROUTE

Selected route: [________________________________________________]

Do not use Form 1 for a dismissal related to a deferred judgment. Iowa Code § 901C.2(3) expressly excludes that route.

2. CASE INFORMATION

3. FORM 1 — ACQUITTAL OR DISMISSAL UNDER § 901C.2

Use one Form 1 in the criminal case only if every charge in that case ended in acquittal or dismissal.

☐ An acquittal was entered for all charges; or all charges were dismissed.

☐ All court costs, fees, and other financial obligations ordered by the court or assessed by the clerk in the case are paid.

☐ At least 180 days have passed since the acquittal judgment or order dismissing all charges; or the application states good cause to waive the 180-day period.

Good-cause facts, if requested: [________________________________]

The statute identifies identity theft and mistaken identity as examples of possible good cause.

☐ The case was not dismissed because the defendant was found not guilty by reason of insanity.

☐ The defendant was not found incompetent to stand trial in the case.

☐ The dismissal was not related to a deferred judgment under § 907.9.

☐ Copy of the application will be provided to the county attorney. Electronic filing automatically serves the county attorney; paper filing requires the Form 1 service certification.

Effect

A § 901C.2 record becomes confidential and exempt from public access. The clerk must provide it, without a court order, to the defendant or to an agency or person granted access to the deferred-judgment docket under § 907.4(2).

4. FORM 2 — MISDEMEANOR CONVICTION UNDER § 901C.3

A. Mandatory eligibility conditions

☐ The conviction is a misdemeanor.

☐ More than eight years have passed since the date of conviction.

☐ No criminal charge is pending.

☐ The defendant has not previously been granted two deferred judgments. The current official form states this as: no more than one prior deferred judgment; multiple charges granted deferred judgment at the same time count as one.

☐ All court costs, fees, fines, restitution, and other financial obligations ordered by the court or assessed by the clerk in the covered case are paid.

☐ No prior § 901C.3 expungement has been granted. Section 901C.3 permits one such expungement in a lifetime.

B. Excluded convictions

Compare the exact statute of conviction, including the law in effect at conviction, with the current § 901C.3(2) list. Current exclusions include:

• §§ 123.46 and 123.47(3), or a similar local ordinance;
• §§ 321.218, 321A.32, 321J.21, and 321J.2;
• A sex offense defined in § 692A.101;
• Involuntary manslaughter under § 707.5;
• Assault under § 708.2(3), domestic-abuse assault under § 708.2A, harassment under § 708.7, stalking under § 708.11, and removal of an officer's communication or control device under § 708.12;
• Trespass under § 716.8(3) or (4);
• Chapter 717C, chapter 719, chapter 720, §§ 721.2 and 721.10, § 723.1, chapters 724, 726, 728, and 901A;
• Comparable commercial-driving offenses listed in 49 C.F.R. § 383.51(b), table 1, or § 383.51(e), table 4; and
• A comparable offense under prior law.

☐ The conviction is not excluded.

The current statute controls if an official form's printed exclusion summary differs from the live Code.

C. Related cases and lifetime strategy

One § 901C.3 application may request more than one misdemeanor record only when the offenses arose from the same transaction or occurrence and every offense is listed. The official instructions require the application to be filed separately in each related case.

☐ Every related eligible case to be included has been identified before using the once-in-a-lifetime remedy.

D. Required DCI attachment

☐ Official Iowa Division of Criminal Investigation criminal-history record check is attached.

☐ The DCI record is dated no more than 30 days before filing.

Record date: [__/__/____]

E. Filing and service

☐ File Form 2 in the county where the conviction occurred and separately in each related case.

☐ Provide a copy to the county attorney. Electronic filing automatically serves; a paper filer completes the form's mailing-or-delivery certification.

Effect

The court must grant an eligible application as a matter of law. The expunged record is confidential and exempt from public access but may be released by the clerk upon court order. After notice from the clerk, the Department of Public Safety must remove the conviction from its criminal-history data files if maintained there.

5. FORMS 3 AND 4 — SPECIAL TWO-YEAR ALCOHOL ROUTES

Form 3 — § 123.46(6)

☐ Conviction was under § 123.46 or a similar local ordinance.

☐ Two years have passed after conviction.

☐ During those two years, there was no other criminal conviction except a local traffic violation or simple misdemeanor under chapter 321.

Form 4 — § 123.47(9)

☐ Conviction was under § 123.47(3), or a similar local ordinance, for under-legal-age purchase, attempted purchase, consumption, possession, or control of alcohol.

☐ Two years have passed after conviction.

☐ During those two years, there was no other criminal conviction except a local traffic violation or simple misdemeanor under chapter 321.

Both statutes direct expungement as a matter of law when the conditions are satisfied and removal from Department of Public Safety criminal-history files after clerk notice.

6. FORM 5 — SPECIFIED PROSTITUTION CONVICTION UNDER § 725.1(1)(c)

☐ Conviction was under § 725.1(1)(a), or a similar local ordinance.

☐ Defendant was under age 18 when the illegal sex act or acts occurred.

☐ Two years have passed after conviction.

☐ During those two years, there was no other criminal conviction except a local traffic violation or simple misdemeanor under chapter 321.

7. DEFERRED JUDGMENT — § 907.9(4)

Upon discharge from probation after a deferred judgment, the court's record of the deferred judgment and qualifying dismissed counts is expunged after the required financial obligations are paid or resolved as the statute requires.

☐ Probation was discharged.

☐ Fees and court debt were paid or handled through the statutory discharge process.

☐ The deferred-judgment record is shown as expunged.

☐ Any related charge not contained in the charging instrument is identified in a court order if expungement is sought under § 907.9(4)(c)(2).

☐ No dismissed count or related charge is barred by an unexpunged conviction in the case under § 907.9(4)(d).

8. OFFICIAL-FORM FILING CHECKLIST

☐ Correct Rule 2.86 form selected

☐ Filed in the existing criminal case; related Form 2 applications filed in each related case

☐ Every checkbox and identifying field completed

☐ Current DCI history attached when Form 2 requires it

☐ Additional sheet attached where needed

☐ Signed under penalty of perjury

☐ County attorney served through e-filing or paper certification

☐ Current Iowa Code and official form rechecked immediately before filing

9. CURRENT OFFICIAL SOURCES

• Iowa Code chapter 901C: https://www.legis.iowa.gov/docs/code/901C.pdf
• Iowa Code § 907.9: https://www.legis.iowa.gov/docs/code/907.9.pdf
• Iowa Code § 123.46: https://www.legis.iowa.gov/docs/code/123.46.pdf
• Iowa Code § 123.47: https://www.legis.iowa.gov/docs/code/123.47.pdf
• Iowa Code § 725.1: https://www.legis.iowa.gov/docs/code/725.1.pdf
• Rule 2.86—Form 1: https://www.iowacourts.gov/collections/738/files/1569/embedDocument
• Rule 2.86—Form 2: https://www.iowacourts.gov/collections/867/files/1965/embedDocument
• Rule 2.86—Form 3: https://www.iowacourts.gov/collections/595/files/1276/embedDocument
• Rule 2.86—Form 4: https://www.iowacourts.gov/collections/595/files/1279/embedDocument
• Rule 2.86—Form 5: https://www.iowacourts.gov/collections/867/files/1974/embedDocument

Use the newest official form revision available at filing.