In this video, our Polk County expungement attorneys explain how a majority of criminal records can’t be removed from a person’s criminal history in Iowa. However, in 2016, a new law in Iowa provided that, in cases resulting either in dismissal or acquittal, the court can enter an order expunging the record of the case. In other words, it’s no longer accessible to the general public. While the record does still exist, it will only remain accessible to courts, prosecutors and law enforcement.
The defendant, prosecutor or court may request for an expungement. In order for one to be granted, the following conditions must be met:
- All court costs and financial obligations by the court have been paid
- Over 180 days have passed since the acquittal or dismissal (this can be waived if there is good cause, such as mistaken identity)
- The case was not dismissed due to the defendant being not guilty by reason of insanity
- The defendant wasn’t found to be incompetent to stand trial.