Iowa Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

How Do I Apply for Expungement? Locate your criminal record from the Iowa Division of Criminal Investigation. Complete the ?Application to Expunge Court Record? form. To access the form, visit the Iowa Courts website here: Application to Expunge Court Record. Submit the form to the court in which you were convicted.

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.

In Iowa, a child's juvenile records are sealed (expunged) when the child turns 21, unless the child committed an aggravated felony or misdemeanor between the ages of 18 and 21. IOWA CODE § 692.17(1). for an offense which, if committed by an adult, would be an aggravated misdemeanor or felony.

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.

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.

Enacted in 2019 as part of a broader criminal law reform package, Iowa Code § 901C. 3 provides for the expungement of one misdemeanor conviction in a person's lifetime.

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.

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Iowa Motion for New Trial for Purpose of Expunging Criminal Record