Iowa Expungement Limitations

If you are convicted of a crime in Iowa, you have a criminal record. Iowa laws limit the options for expunging or sealing criminal records.

Under Iowa laws, your record may qualify for expungement only if:

Alcohol-Related Offenses

Under Iowa laws (Iowa Code §§ 123.46 and 123.47), if you were convicted of public drunkenness, you may petition the Court to expunge that conviction from your record AFTER a period of at least two years has passed, and only IF your record is completely clean during that two-year period.

Under Iowa law, drunken driving charges, OWI (operating while under the influence), may not be expunged.

Deferred Judgment

Under Iowa laws (Iowa Code §§ 907.3 and 907.9), the only available option for expunging a criminal record is for the convicted person to obtain a deferred judgment. The deferred judgment must be obtained at the time of the conviction.

For most Felony and Misdemeanor offenses, Iowa Courts can defer judgment, and place a defendant on probation, rather than sentence the defendant. Upon successful completion of probation, the defendant is discharged, and no conviction is recorded. The defendant may then petition the court for Expungement.

Do I need a lawyer for an Expungement in Iowa?

A qualified criminal law attorney who handles expungements can provide guidance and assistance that can make all the difference in obtaining the end result.

 

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