Expungement of Criminal Convictions

What is expungement?

Most criminal records of adults in Iowa are available to the public and are easily seen online. An employer, landlord, friend, stranger, anyone, can see the information. Most of the time, these records cannot be expunged (removed). In some cases, though, Iowa law allows a record to be expunged. Just because a record is expunged, this does not mean that the record will disappear. It means that the general public will not be able to see the record. There may be some people who still have access to the record even after it is expunged.

How does a person get a record expunged?

In order for these records to be expunged, the record must meet qualifications set by the law. If the qualifications required by the law are met, the court can order that the record be expunged. To get an order from the court expunging the record, a person usually needs to ask the court in writing to expunge the record and include information about why the record can be expunged. In some cases, a record might be automatically expunged so that a person does not need to ask the court.

Understanding which records can be expunged and how they are expunged can be hard and the process is complicated. It is very important that you talk with an attorney about whether your criminal record qualifies. If your criminal record qualifies, the attorney can help you understand whether you have to ask the court to expunge the record and can explain the process to you.

What records can be expunged?

Only criminal records can be expunged. Records in civil cases cannot be expunged. The criminal records that may be expunged are records of:

• Deferred Judgments - Iowa Code section 907.9

• Dismissals and Acquittals - Iowa Code section 901C.2

• Public Intoxication - Iowa code section 123.46(6)

• Possession of Alcohol under the Legal Age Conviction - Iowa Code section 123.47(8)

• Juvenile Prostitution Conviction - Iowa Code section 725.1

• Adult cases transferred to Juvenile Court - Iowa Code sections Iowa Code sections 232.8(2) and 803.6

• Certain Misdemeanor Convictions - Iowa Code section 901C.3

Where can I get more information or help?

• Iowa Legal Aid is a non-profit agency that provides legal assistance to low-income Iowans. Information about criminal record expungement can be found on their website here. They can be reached by phone at 800-532-1503 or, for Iowans 60 or older, 800-992-8161.
• The Iowa Judicial Branch provides forms that people without an attorney can use to ask for expungement of certain records here. Choose "Expunge Court Record" in the list of court forms.
• The Iowa State Bar Association's Find-A-Lawyer directory provides contact information for licensed attorneys who can assist with expungement. The attorneys who are listed charge $25 or less for up to 30 minutes of an initial consultation. There may be attorneys in the state who are not listed there that can also assist. Those attorneys may or may not charge a higher fee for an initial consultation. 
• The Iowa State Bar Association's Iowa Free Legal Answers program provides limited free legal advice online to people who qualify. You will answer a few questions online to determine if you qualify. 
• Other organizations that may be able to assist can be found on the Iowa State Bar Association's website here.