Only a conviction for public intoxication can be expunged in Iowa.
If you were convicted of a crime in Iowa, you cannot expunge the conviction from your criminal record, unless the conviction was for public intoxication. However, you may be able to expunge offenses from your criminal record if the court gave you a deferred judgment---i.e., you were placed on probation for a period of time and required to perform certain conditions. After you successfully complete the terms of your probation, you can petition the court for expungement of your record. In cases of arrest where the charges are dropped or you are acquitted at trial, you may also petition for expungement.
Instructions
1. Gather all of the information related to your criminal case involving a conviction for public intoxication, an arrest that did not result in charges, or a trial at which you were acquitted. You should have all pertinent dates, such as date of arrest, trial and conviction, the charges (if any), and the case numbers used by the law enforcement agency and court regarding your file.
2. Draft a petition using 8½-inch by 11-inch paper, preferably with a word processor or typewriter, although courts will accept handwritten documents so long as the writing is legible. Iowa courts do not provide a special form of petition. Prepare the petition with the name of the court at the top, with a clear title such as "Petition to Expunge." Also include your identifying information near the top (name, current address and your phone number). Write in chronological order all of the information you gathered in Step 1 so that the court can readily identify your case, especially the final result. After the case chronology, include a statement requesting that your criminal record be expunged. The next and last statement should indicate that, to the best of your knowledge, all of the statements in the petition are true. Sign and date the petition after this last statement.
3. Make a copy of the petition and take the original and copies to the court in your county for filing. The clerk will take the original and mark the copy in such a way so as to indicate the original was filed. Keep the copy for your records. If your petition is to expunge a conviction for public intoxication, you will have to wait until two years after your conviction before you can file the petition. The clerk will notify you if your petition is granted or if the court will hold a hearing on your petition. Attend any hearing set by the court and be ready to respond to any questions the judge may ask you regarding the statements in your petition.
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