The time has finally come in Iowa where a person can have a charge expunged, or dismissed, off of their criminal record. 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.
Examples of simple misdemeanor charges that can be expunged include the following listed below:
- Theft in the fifth degree;
- Assault;
- Criminal Mischief fifth degree;
- Obstruction of emergency communication;
- Disorderly conduct;
- Harassment; and
- Possession of drug paraphernalia
If you were charged with minor in possession of alcohol or public intoxication, these two charges can still be expunged from your criminal record as they could previously be expunged. As you know, the legal process is complex, and these charges do not just expunge off a person’s criminal record after they are convicted of the simple misdemeanor crime.
The new law requires that the person seeking an expungement of the simple misdemeanor crime must file an application to the court requesting the expungement. The application must include a few details which you may need an attorney to help you with preparing. The person seeking the expungement must meet one of the two requirements listed below:
The defendant must establish that more than five (5) years have passed since the date of the simple misdemeanor conviction and that the defendant has not been subsequently convicted of or granted a deferred judgment for any criminal offense and is not currently charged with any criminal offense; OR the defendant must establish that ten (10) years have passed since the date of the simple misdemeanor conviction and the defendant has not been subsequently convicted of or granted a deferred judgment for a felony offense and the defendant is not currently charged with any criminal offense.
Although this expungement law comes into effect on July 1, 2019, it applies retroactively. This means if you were convicted of a simple misdemeanor prior to July 1, 2019, you can still have the simple misdemeanor conviction expunged.
Attorney Feld understands that a single theft in the fifth degree hanging on their record, which has prevented them from getting a job, can significantly affect a person’s life. If you would like some help getting your previous simple misdemeanor charge off of your record, do not hesitate to contact the Feld Law Firm at (515) 996-4441 to schedule your free consultation.