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House approves bill to expunge some criminal records
The Iowa House has passed a bill that would erase public court records of some people who have been acquitted of a crime or who have had the charges dismissed.
Lawmakers said it is an important step to ensure people who have been wrongfully accused are not haunted by the lingering court file.
Rep. Sharon Steckman, D-Mason City, said she was contacted by a constituent who was arrested after authorities mistakenly identified her as a meth dealer. Those charges remained on her file even after the court cleared up the mistake.
"Then you'd think it would be over, but for her, it was not over," Steckman said. "She goes to apply for a job and the first thing they see on her records was that she was dealing meth."
If the bill were to become law, that woman would be able to apply to the court to have the records removed from public view, she said.
The bill would require applicants to meet certain requirements before their records could be expunged, including paying all court costs and fees. Attorneys would have to indicate that they do not plan to refile the same charges again, and the defendant couldn't be facing charges in a related case.
Court records could not be expunged if a defendant were found not guilty by reason of insanity.
The Senate passed a version of the legislation earlier this year, but it was amended in the House to include a 180-day waiting period before the records could be expunged.
It allows the court to immediately expunge records in the case of mistaken identity or identity theft.
Rep. Mary Wolfe, D-Clinton, said she supported that amendment as a way to appease the "legitimate concerns" from the Iowa Newspaper Association, which favors open records and transparency.
Iowa Newspaper Association Executive Director Chris Mudge said that 180-day delay made the bill better, but the association still does not support it.
"They're rewriting history," she said. "It happened, and we're not a fan of rewriting history."
Senate File 385 will be sent back to the Senate for consideration.
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