Vacate Petition Format
Description
How to fill out Motion To Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ Of Garnishment, And For Leave To File An Answer To Complaint?
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FAQ
To conduct a search for any charge 18 months or older, you may also contact the Iowa Department of Criminal Investigation (DCI) through its website at: .
Division I- Expungements: The conviction will be expunged as a matter of law if: 8 or more years have passed since the date of the conviction. There are no pending criminal charges against the defendant. All court costs, fees, fines and restitution have been paid.
Expunged charges are erased from the record entirely, and sealed records still exist but are inaccessible to the public. Generally, sealed and expunged records will not appear on a background check.
You can apply for an expungement of an eligible misdemeanor conviction only after eight years have passed since your conviction date, and you have paid all fines, fees, and restitution associated with the conviction. You may only have one misdemeanor conviction expunged.
Request for expungement You have to submit a written request to the court. There is no filing fee to make this request. The Iowa Supreme Court adopted the following standard forms to request expungement: Application to Expunge Not Guilty or Dismissed Charges.
As of July 1, 2019, a person who was convicted of any simple misdemeanor with the exception of domestic abuse assault and driving offenses under Iowa Code Section 321 and 321J can have the conviction expunged or dismissed off of their criminal record.
If you have a case where you were found not guilty of all charges or all charges were dismissed, you normally must wait six months before expungement, but this requirement may be waived in special circumstances. Additionally, you must have paid all court costs, fees, and financial obligations on the case.
You can apply to an expungement of a conviction relating to public intoxication or consumption two years after your date of conviction. To be eligible, you must not have any other convictions during those two years other than traffic violations or simple misdemeanor traffic violations.