Clear Your Record With Iowa’s Top Expungement Attorneys
Criminal charges permanently stay on your record in Iowa, even if you are found not guilty. They are publicly available for anyone to see, which can affect your employment opportunities, rental applications, and personal relationships.
But the past doesn’t have to follow you forever.
Expungement is a process that allows certain criminal charges, and even some convictions, to be hidden from your public record. Don’t leave your future up to chance. Schedule a free consultation with the Iowa criminal defense attorneys at GRL Law to learn how to quickly and successfully complete this process.
What Is Expungement & Why Does It Matter?
Put simply, expungement means that a criminal charge is wiped clean from your public criminal record.
Did you know criminal records in Iowa are easily accessible to anyone? The state maintains a public-facing database on Iowa Courts Online, making it easy for anyone to run a check on whether someone has been charged or convicted of a crime, from first-degree murder all the way down to speeding tickets.
Beyond the consequences directly associated with the charges, these public records can affect several aspects of your life.
- Many employers access Iowa Courts Online in deciding who to hire.
- Landlords often check online court records when deciding who to rent to.
- Other groups, such as volunteer organizations, also may make decisions based upon a person’s criminal record.
- Family, friends, and others may see your record, leading to uncomfortable conversations.
If the court grants an expungement, your file is sealed and the charge can no longer be seen on Iowa Courts Online. An expungement is different from a pardon. A pardon is a rare dismissal of your charges granted by the governor of the state. A pardon may reduce or eliminate consequences for a prior conviction, but it does not remove them from your public record.
Who Qualifies for Expungement in Iowa?
You can apply to the court to have criminal charges expunged if you meet one of the following criteria:
If you have been acquitted, or if your charges were dismissed, then you qualify for expungement after 180 days. Important note: You must be acquitted of all charges associated with a single incident, not just one of them.
A deferred judgement is when, following a guilty plea, you do not receive a formal conviction as long as you meet certain requirements, such as probation. If you have successfully completed a deferred judgment and paid all court costs, then you qualify to have your record expunged.
Iowa allows prior convictions for Public Intoxication or Minor in Possession of Alcohol (MIP/PAULA) to be expunged in certain circumstances. To qualify, two years must have passed from the conviction date of your conviction, and you must not have been convicted of another criminal offense during that time.
Iowa law now allows expungement for convictions on many misdemeanor charges (see the full list of exclusions below). This type of expungement is limited to once in your lifetime. In these cases, you must wait eight years after the conviction to receive expungement. You also must pay all related costs, have no additional pending charges, and have not already received two or more deferred judgments.
What Charges Can Be Expunged in Iowa?
Here is a closer look at which charges and situations allow for expungement in Iowa and the requirements for each:
| Situation | Expungement Allowed? | Waiting Period | Other Requirements |
|---|---|---|---|
| Charge was dismissed or acquitted | Yes | 180 days | You must have had all charges associated with the incident either dismissed or acquitted |
| Deferred judgment | Yes | Process is automatic upon completing term of probation. | Deferred judgement complete; all court costs paid |
| Public Intoxication or MIP Conviction | Yes | 2 years | No other convictions during the 2-year window |
| Felony Conviction | No | N/A | N/A |
What Charges Cannot Be Expunged in Iowa?
Under Iowa law, expungement is not allowed for felony convictions.
Iowa law also does not allow expungement for the following misdemeanor convictions:
- Dependent adult abuse
- Driving while revoked, suspended, or denied
- Operating While Intoxicated (OWI)
- Any sex offense for which a person must be placed on a registry
- Involuntary manslaughter
- Assault using or displaying a dangerous weapon
- Any domestic abuse assault
- Harassment
- Stalking
- Removal of an officer’s communication device
- Trespass with intent to commit a hate crime
- Bestiality
- Obstruction of justice
- Interference with judicial process
- Misconduct in office
- Misuse of public records and files
- Rioting
- Any weapons offense
- “Protection of family crimes” such as child endangerment, bigamy, incest, or neglect of a dependent person
- Any misdemeanor violations of Iowa Code Chapter 728, the “Obscenity” chapter, such as “dissemination of obscene material to a minor” or admitting minors to premises where obscene material is exhibited
- Sexually predatory offenses under Iowa Code Chapter 901A
- Offenses comparable to federal motor carrier violations (specifically, 49 C.F.R.§383.5l(b) (table 1) or 49 C.F.R. §383.5l(e) (table 4))
How to Get Your Record Expunged in Iowa
When you decide to apply for expungement, you must follow this three-step process. Working with an experienced attorney will help ensure you complete each step efficiently and thoroughly. This makes you more likely to be successful in your petition, as well as reduces delays due to paperwork errors.
1. Make Sure You Meet the Requirements
The first step is to fulfill the needed requirements for your expungements. If you are requesting expungement for a conviction, this means ensuring that the charge qualifies and that the right amount of time has passed (such as the eight-year window for many misdemeanors).
2. Submit a Petition to the Court [h3]
Application forms for expungement can be found on the Iowa Courts website. While you could submit the petition yourself, working with an experienced lawyer such as GRL Law will ensure that the information is properly entered and that the process moves as quickly as possible. The petition will require you to provide specific documentation about your case and proof that you have met the requirements.
3. Await the Order
Once you file your petition, the process can take anywhere from a few days to a few months to process. The process allows for other parties in the case to object to the expungement if they believe that one or more of the criteria have not been completed.
How Long Does Expungement Take in Iowa?
As discussed above, the timeline for expungement will differ depending on your circumstances. Many misdemeanors require an 8-year waiting period, while public intoxication and minor in possession of alcohol have a shorter two-year window.
While expungements for deferred judgements are automatic, they can often be held up by things like outstanding court fees. Working with an attorney will help you identify any roadblocks or delays in the process, making it flow as quickly as possible.
Will Expunged Charges Be Visible on a Background Check?
Generally, having your charges expunged means they will not appear on a traditional background check.
However, it’s important to note that expungement wipes charges from your public record, it does not clear your record entirely.
People looking up your record on Iowa Courts Online will no longer be able to see it. However, your national NCIC arrest record is never expunged. If a potential employer is having you sign a release associated with a background check, chances are they are obtaining your arrest record. Even expunged convictions show up on arrest records. Also, certain government agencies will still have access to your record of past charges, which they will be able to consult if you face charges in the future.
What GRL Law Clients Are Saying
"Handled My Case Like a Rock Star!"
“Working with Bobby was amazing. He was able to get my charge dismissed and expunged. Madisyn made the process simple and easy. Would definitely make sure you hire this firm if you need legal counsel as they both made the process simplified, streamlined, and painless. Thanks!”
