One of the laws passed in 2016 in Iowa provides for the expungement of a record for "Public Intoxication" and "Alcohol Consumption" offenses under Senate File 2164.
This Act allows for the expungement of criminal offenses for alcohol consumption in public, public intoxication, simulated public intoxication, or a local ordinance that arose from the same transaction or occurrence, or when a finding of contempt has been entered.
The expungement process provides that upon the expiration of two years following conviction for alcohol consumption in public, public intoxication, simulated public intoxication, or a local ordinance that arose from the same transaction or occurrence, a person may petition the court to expunge the conviction if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of Iowa Code chapter 321, during the two-year period, and the conviction shall be expunged as a matter of law.
After receiving notice from the clerk of the district court that a record of conviction for consumption of alcohol in public, public intoxication, simulated public intoxication or a local ordinance that arose from the same transaction or occurrence has been expunged, the record of conviction shall be removed from the criminal history data maintained by the Department of Public Safety if such a record was maintained in the criminal history data.
Prior law provided that the court’s criminal record with reference to a deferred judgment, any counts dismissed by the court which were contained in the indictment, information, or complaint that resulted in the deferred judgment, and any other related charges that were not contained in the indictment, information, or complaint but were dismissed, shall be expunged, if the person has paid restitution and other obligations.
The Act provides that finding a person in contempt shall not preclude expungement of the court’s record of a dismissed count or related charge as long as no counts in the indictment or information or any other charges related to the deferred judgment resulted in a conviction. This provision applies to a deferred judgment expunged prior to, on, or after April 6, 2016.
The judicial branch has until July 1, 2017, to implement this provision.
Attorneys for Expunction of an Alcohol Crime in Iowa
Call McCarthy & Hamrock, P.C. to speak to an experienced criminal defense attorney if you need help applying for an expunction after an arrest for an alcohol crime in Iowa. We can help you understand your right to expunge the record. Call (515) 279-9700 for a free and confidential consultation.