Expungement Attorneys in Iowa
Expungement in Iowa
Expungement in Iowa means that your records are no longer available to the general public.
Iowa only allows for certain crimes to be expunged and only in cases where you were acquitted or the charges were dismissed. If your case was dismissed for reasons of insanity, or where your record was adjudicated due to mental incompetence to stand trial where there was mental or physical injury or an attempt to physically or mentally injure, you are not eligible for expungement. In most cases juvenile records may be expunged unless you have committed aggravated felonies or misdemeanors between the ages of eighteen (18) and twenty-one (21). If your case was discharged from probation and judgment was deferred you may eligible as well. In addition, if you were arrested and convicted of public intoxication you may apply after two (2) years and no further criminal convictions (misdemeanor violations under Chapter 321 are excused during this period).
In some cases in Iowa it is not always necessary to file a petition for expungement. For example, if your case meets specific criteria regarding public intoxication, expungement is made matter of the law as stated in Iowa Statutes 123.46. Iowas has no legal mechanism for expunging a previous conviction unless you apply for a pardon and it is granted by the Governor. In cases of operating while intoxicated, your case may be kept from your criminal record if the judge grants a deferred judgment.
You are only eligible for deferred judgments twice in your lifetime. Although you may be granted a deferred judgment it can be still be used as a prior conviction for enhancing new sentences.