Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Iowa requires the use of official court forms Rule 2.86 — Form 1 (Application to Expunge
Court Record under Iowa Code section 901C.2) and Rule 2.86 — Form 2 (Application to
Expunge Misdemeanor Court Records under Iowa Code section 901C.3) for expungement
petitions. This template provides the substantive legal content to help you prepare — but
you must transfer your content to the official form before filing. The official forms are
available at https://www.iowacourts.gov/for-the-public/court-forms.
Do not file this document directly with the court.

PETITION FOR EXPUNGEMENT

AND SEALING OF CRIMINAL RECORD

(Iowa Code Chapters 901C & 907)

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS
3. OPERATIVE PROVISIONS
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
5. COVENANTS & RESTRICTIONS (POST-EXPUNGEMENT)
6. DEFAULT & REMEDIES (COURT RESERVATION OF RIGHTS)
7. RISK ALLOCATION (Not Applicable – Informational Only)
8. DISPUTE RESOLUTION (Judicial Forum Pre-Selected)
9. GENERAL PROVISIONS
10. EXECUTION BLOCK
11. VERIFICATION
12. CERTIFICATE OF SERVICE
13. PROPOSED ORDER – Exhibit A

1. DOCUMENT HEADER

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY
–––––––––––––––––––––––––––––––––––––––––––––––––––––
State of Iowa, )
Plaintiff, )
) Case No. [___]
v. )
) PETITION FOR EXPUNGEMENT
[PETITIONER FULL LEGAL NAME], ) AND SEALING OF CRIMINAL RECORD
Defendant/Petitioner. )
–––––––––––––––––––––––––––––––––––––––––––––––––––––

A. Effective Filing Date. [DATE]

B. Jurisdiction & Venue. Pursuant to Iowa Code §§ 901C.2–.3 and 907.9(4) (2024), this Court possesses subject-matter jurisdiction and is the proper venue for adjudicating petitions to expunge eligible criminal records arising in [COUNTY] County.

C. Relief Requested. Petitioner respectfully petitions the Court for an order:

1. Expunging the criminal record(s) identified herein;
2. Directing the Clerk of Court and all executive-branch repositories to seal or remove public access as required by law; and
3. Granting such further relief as equity and justice require.

2. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below. Undefined terms shall have the meanings assigned in the Iowa Code.

“Applicable Statute(s)” means Iowa Code §§ 901C.2 (misdemeanor expungement), 901C.3 (not-guilty/dismissed charges), and/or 907.9(4) (deferred judgment), as specifically identified in Section 3.

“Disqualifying Offense” means any criminal conviction, other than a scheduled violation under Iowa Code ch. 321 or a simple misdemeanor traffic offense, entered against Petitioner after disposition of the Case Record and before the filing date of this Petition.

“Case Record” means the entire court file, docket entries, charging instruments, orders, and any associated law-enforcement and clerical records relating to Case No. ☐.

“Waiting Period” means the statutory minimum time that must elapse after final disposition and satisfaction of all financial obligations before expungement eligibility accrues, as detailed in Iowa Code § 901C.2(1)(a)–(d) or § 901C.3(1)(a).

3. OPERATIVE PROVISIONS

3.1 Identification of Case Record.
a. Offense/Charge: [INSERT STATUTE & OFFENSE LEVEL]
b. Disposition: [CONVICTION / DISMISSAL / ACQUITTAL / DEFERRED JUDGMENT-SUCCESSFULLY DISCHARGED]
c. Date of Final Disposition: [MM/DD/YYYY]
d. Court of Record: Iowa District Court for [COUNTY] County, Case No. [___]

3.2 Statutory Basis for Relief. Petitioner seeks expungement under the following subsection(s):
☐ Iowa Code § 901C.2 (misdemeanor conviction, ≥ 8 years since discharge)
☐ Iowa Code § 901C.3 (not-guilty, acquitted, or dismissed; ≥ 180 days elapsed)
☐ Iowa Code § 907.9(4) (successful deferred judgment; all obligations satisfied)
☐ Other: [EXPLAIN]

3.3 Requested Judicial Action.
a. Entry of an Order of Expungement directing that the Case Record be expunged.
b. Instruction to the Clerk of Court to seal the file from public inspection.
c. Instruction to the Iowa Department of Public Safety, Division of Criminal Investigation, to remove the Case Record from publicly accessible databases pursuant to Iowa Code §§ 901C.2(3) and 901C.3(2).
d. Instruction to all Law-Enforcement Agencies that possess disseminable arrest data relating to the Case Record to seal or otherwise make the record confidential.
e. Any further relief the Court deems just and proper.

4. REPRESENTATIONS & WARRANTIES OF PETITIONER

Petitioner hereby represents, warrants, and affirms under penalty of perjury that:

4.1 All statutory Waiting Periods have fully elapsed.

4.2 Petitioner has no Disqualifying Offense since the disposition of the Case Record.

4.3 All fines, fees, court costs, and victim restitution relating to the Case Record were paid in full on or before [MM/DD/YYYY].

4.4 No current protective order, no-contact order, or civil injunction exists that would be adversely affected by expungement.

4.5 Petitioner understands that sealed records remain accessible to certain government entities (e.g., law-enforcement, county attorneys, Board of Parole) as delineated in Iowa Code § 901C.3(3).

4.6 The information contained in this Petition is true and correct to the best of Petitioner’s knowledge, information, and belief, and materially complete for purposes of Iowa Code ch. 901C.

5. COVENANTS & RESTRICTIONS (POST-EXPUNGEMENT)

5.1 Non-Disclosure Covenant. Upon entry of the expungement order, Petitioner may lawfully respond to inquiries as though the Case Record never occurred, subject to exceptions in Iowa Code § 901C.3(3).

5.2 Continuing Compliance. Should a subsequent conviction render Petitioner ineligible under Iowa law, the expungement is subject to nullification by operation of statute.

6. DEFAULT & REMEDIES

6.1 Court Reservation of Rights. The Court retains inherent authority to:
a. Re-open the file if expungement was granted on false or misleading information;
b. Vacate the expungement order upon notice and hearing if statutory prerequisites were not, in fact, satisfied.

7. RISK ALLOCATION

[Not Applicable – Petition is equitable in nature; no contractual risk allocation between private parties.]

8. DISPUTE RESOLUTION

8.1 Governing Law. This Petition is governed exclusively by the laws of the State of Iowa.

8.2 Forum Selection. All matters arising hereunder shall be resolved in the Iowa District Court for [COUNTY] County.

8.3 Arbitration. Not available.

8.4 Jury Waiver. Not applicable to the equitable relief sought.

9. GENERAL PROVISIONS

9.1 Amendment & Supplementation. Petitioner may amend or supplement this Petition with leave of court or as permitted by Iowa R. Civ. P. 1.402(4).

9.2 Severability. If any provision herein is deemed superfluous or in conflict with Iowa law, such provision shall be severed, and the remainder construed to effectuate the statutory purpose of expungement.

9.3 Integration. This document, together with all attached exhibits, constitutes the complete petition for relief.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

____________________________________
[PETITIONER NAME]
Petitioner, pro se ☐ / By counsel ☐

____________________________________
[ATTORNEY NAME], Iowa Bar #[___]
Counsel for Petitioner
[LAW FIRM OR ADDRESS]
[PHONE] | [EMAIL]

11. VERIFICATION

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition for Expungement and Sealing of Criminal Record and that the facts contained therein are true and correct to the best of my knowledge, information, and belief.

____________________________________
[PETITIONER NAME]

Subscribed and sworn to before me this ___ day of __________, 20__.

____________________________________
NOTARY PUBLIC
My Commission Expires: _________

12. CERTIFICATE OF SERVICE

The undersigned certifies that on the ___ day of __________, 20__, a true and correct copy of the foregoing Petition was served upon the County Attorney of [COUNTY] County and all other parties entitled to notice via:
☐ Iowa Courts eFile System
☐ Personal delivery
☐ U.S. Mail, postage prepaid
☐ Other: [DESCRIBE]

____________________________________
[ATTORNEY / PETITIONER SIGNATURE]

13. PROPOSED ORDER – EXHIBIT A

(Submit as a separate, editable document if local rules require.)

IN THE IOWA DISTRICT COURT FOR [COUNTY] COUNTY
Case No. [___]

ORDER GRANTING PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORD

On this ___ day of __________, 20__, the Court reviewed Petitioner’s “Petition for Expungement and Sealing of Criminal Record” filed pursuant to Iowa Code § [SELECT]. Being fully advised in the premises, the Court FINDS and ORDERS as follows:

1. All statutory prerequisites have been satisfied.
2. The Petition is GRANTED.
3. The Clerk of Court shall immediately seal Case No. ☐.
4. The Iowa Department of Public Safety, Division of Criminal Investigation, shall remove the Case Record from all publicly accessible databases.
5. All law-enforcement agencies with disseminable records pertaining to the Case Record shall render such records confidential in accordance with Iowa law.
6. Costs taxed to Petitioner ☐ / State ☐ / Waived ☐.
7. All other relief is denied.

IT IS SO ORDERED.

____________________________________
Judge, Iowa District Court
[COUNTY] County