Can Criminal Charges Be Expunged Under Iowa Law?

Criminal charges in Iowa can be expunged under limited circumstances. The specific nature of the offense, in addition to several other conditions are all factors in determining whether this is possible. It should be noted that felony convictions are not eligible for expungement.

If an expungement is possible, it may be worth going through the process. Criminal charges can adversely affect your housing, employment, education and eligibility for certain professional licenses.

What Does Expunging Criminal Charges Mean?

Having your record expunged is not the same as wiping it clean. Criminal charges that are expunged are no longer available for viewing by the general public. This also means that landlords, educational institutions, and employers cannot access your record.

However, a record of the charges may still be available to courts, prosecutors, and law enforcement personnel. If you are charged with a new crime, those old charges may affect how your case will be handled.

Note as well that there is a difference in expunging charges that were dismissed or that you were acquitted of and expunging convictions. The process of expunging convictions can be more complex, and it only applies to certain misdemeanors.

Charges Eligible for Expungement in Iowa

Below are the situations in which expungement might be possible. There are also limited situations in which charges that result in convictions can be expunged as well.

Note that in each situation, there are conditions that must be met for eligibility. There may be additional factors at play besides the ones mentioned below.

Dismissals and Acquittals

Every count in the case must be dismissed or acquitted for the expungement to occur in this situation. There is a waiting period of 180 days in many cases although waivers may be available for good cause. The case cannot have been dismissed because you were incompetent to stand trial or not guilty for reasons of insanity. You must have met all financial obligations.

Deferred Judgments

If you pleaded guilty, the court may have issued a deferred judgment. This can make you eligible to have the record expunged if you’ve paid all costs associated with the case and completed probation.

Adult Cases Moved to Juvenile Court

There are several reasons a case might be sent back to juvenile court from a regular district court. It may be possible to have these records sealed.

Juvenile Prostitution and Some Alcohol-Related Convictions

If you have been convicted of underage alcohol possession, public intoxication or juvenile prostitution, your conviction may be expunged. You must have had no criminal charges in the two years since. If you have had misdemeanor or local traffic offenses in this two-year period, these won’t count against you in this situation.

Some Misdemeanor Convictions

You may be able to have one misdemeanor conviction in your lifetime expunged. This only applies to certain misdemeanor convictions, and other conditions must be in place as well. For example, it must have been at least eight years since the conviction, and there must be no criminal charges pending against you.

When Are You Not Eligible to Have a Criminal Charge Expunged?

Not every charge is eligible for expungement. In some cases, it may simply be a matter of satisfying the waiting period or paying outstanding fees. In others, there may be more serious complications, such as additional charges. An attorney can walk you through your options.

How Does the Process for Expungement Work in Iowa?

This process varies based on the specifics of your case. However, in general, the first step will be to determine whether you’re eligible. This includes finding out whether expungement in your situation requires paying all fees. If so, you will need to pay them before you can proceed.

Next, you need to complete the necessary paperwork. There may be a filing fee. In addition, you might have to attend a hearing if the judge needs more information or the prosecutor has an objection. You will then get a decision from the court.

This process is usually fairly straightforward for a dismissal or acquittal once the waiting period of 180 days is over. It can get more complex in other situations.

When Should You Seek Legal Help for Expungement in Iowa?

There are detailed requirements for expungement of criminal charges in Iowa. A criminal defense attorney can help you understand them as well as whether you qualify.

An attorney can also assist you in filing paperwork, including ensuring that you’ve done so correctly. This may reduce the likelihood of errors or delays. If there are additional complications related to your expungement, an attorney may be able to help you understand and resolve them.

Reach Out to Peters Law Firm for Expungement Help in Iowa

Since 1895, attorneys at Peters Law Firm have been helping clients with their legal issues. We are proud of our long record of assisting people charged with a crime. Expungement can be a critical step in removing barriers to housing, jobs, and educational opportunities. We will work hard to make sure you understand what’s involved in expungement and that you have the legal representation that you need throughout the process.

Contact Peters Law Firm today to discuss expunging your criminal charges in the Council Bluffs, IA area so that you can move on with your life.