House File 926 - Introduced HOUSE FILE 926 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 669) A BILL FOR An Act relating to the expungement of certain criminal history 1 records of victims of human trafficking, and including 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2791HV (1) 91 as/js
H.F. 926 Section 1. NEW SECTION . 710A.8 Expungement of criminal 1 history records human trafficking victims. 2 1. As used in this section, unless the context otherwise 3 requires, official documentation means documentation issued by 4 a federal, state, or local office, agency, or department that 5 provides evidence of a persons status as a victim. 6 2. a. (1) Except as otherwise provided in subsection 9, a 7 person may petition the court for expungement of the persons 8 criminal history record resulting from the arrest or filing of 9 a charge, without regard to the disposition of the arrest or of 10 the charge, for one or more offenses committed or reported to 11 have been committed while the person was a victim. 12 (2) A petition for expungement may be filed by a person 13 at any time after the date on which the person is no longer a 14 victim or the date on which the person has accessed services 15 for victims. The petition is not required to be filed in the 16 court in which the persons criminal proceedings originally 17 took place. 18 b. A petition filed under this section shall be considered 19 complete only if accompanied by all of the following: 20 (1) The petitioners sworn statement attesting that the 21 petitioner is eligible for such expungement to the best of the 22 petitioners knowledge or belief. A petitioner who knowingly 23 provides false information on the sworn statement commits a 24 class D felony, punishable as provided in section 720.2. 25 (2) Official documentation, if available. 26 c. A clerk of court shall not charge a filing fee, service 27 charge, copy fee, or any other charge for a petition filed 28 under this section. 29 3. A copy of a petition filed under this section shall be 30 served upon the appropriate county attorney or the attorney 31 general, and the arresting law enforcement agency. The 32 county attorney, the attorney general, and the arresting law 33 enforcement agency may respond to the court regarding the 34 petition. 35 -1- LSB 2791HV (1) 91 as/js 1/ 8
H.F. 926 4. a. The petitioner and the petitioners attorney 1 may appear at any court proceeding related to the petition 2 telephonically or via remote video conference. 3 b. The court shall allow a victim counselor from a county 4 attorneys office or from a law enforcement agency to be 5 present with the petitioner during any court proceeding related 6 to the petition if requested by the petitioner and if a victim 7 counselor is available. 8 5. a. If a petitioner submits official documentation 9 pursuant to subsection 2, paragraph b , subparagraph (2), it 10 shall create a presumption that the petitioners participation 11 in the offense or offenses for which expungement is sought was 12 due to the petitioners status as a victim, and the courts 13 final determination of the petition shall be by a preponderance 14 of the evidence. 15 b. Official documentation shall not be required for a court 16 to grant a petition under this section; however, a courts 17 final determination without official documentation shall be 18 based on clear and convincing evidence. 19 6. a. Notwithstanding any law to the contrary, a court 20 may order the expungement of the criminal history record of a 21 victim if the victim complies with the requirements of this 22 section. 23 b. If relief is ordered by a court, the clerk of court shall 24 certify a copy of the court order to the appropriate county 25 attorney or attorney general, the arresting law enforcement 26 agency, and any other agency that court records reflect has 27 received the victims criminal history record from the court. 28 The arresting law enforcement agency shall forward the court 29 order to each agency to which the arresting law enforcement 30 agency disseminated the criminal history record to which the 31 court order pertains. The department of public safety shall 32 forward the court order to the federal bureau of investigation. 33 7. a. A criminal history record that is expunged under this 34 section shall be a confidential record and exempt from public 35 -2- LSB 2791HV (1) 91 as/js 2/ 8
H.F. 926 access under section 22.7, except that the criminal history 1 record shall be made available by a clerk of district court 2 upon court order. 3 b. A criminal history record that is expunged under this 4 section that is retained by the department of public safety 5 shall be a confidential record and exempt from public access 6 under section 22.7, except that the criminal history record 7 shall be made available to all of the following: 8 (1) A criminal justice agency, upon request. 9 (2) A government agency that is authorized by state or 10 federal law to determine eligibility to purchase or possess a 11 firearm or to carry a concealed firearm for use in the course 12 of the government agencys official duties, upon request. 13 (3) Any other agency, upon court order. 14 c. Any information that reveals, or that may reveal, the 15 identity of a person whose criminal history record has been 16 expunged under this section shall be a confidential record and 17 exempt from public access under section 22.7. 18 d. Criminal investigative data and criminal intelligence 19 data that is confidential and exempt under paragraphs a 20 through c may be disclosed by a law enforcement agency for any 21 of the following reasons: 22 (1) In furtherance of the law enforcement agencys official 23 duties and responsibilities. 24 (2) For print, publication, or broadcast if the law 25 enforcement agency determines that such release will assist 26 in locating or identifying a person whom the agency believes 27 is missing or endangered. The information provided shall be 28 limited to only the information necessary to identify or locate 29 the missing or endangered person. 30 (3) To another government agency in the furtherance of the 31 government agencys official duties and responsibilities. 32 8. a. A person who is the subject of a criminal history 33 record that is expunged under this section may lawfully deny 34 or fail to acknowledge an arrest or conviction covered by the 35 -3- LSB 2791HV (1) 91 as/js 3/ 8
H.F. 926 expunged criminal history record, except if the person is a 1 candidate for employment with a criminal justice agency or is a 2 defendant in a criminal prosecution. 3 b. Subject to the exceptions in paragraph a , a person who 4 has been granted an expungement of a criminal history record 5 under this section shall not be held under any law of this 6 state to have committed perjury or to be otherwise liable for 7 providing a false statement by reason of the failure to recite 8 or acknowledge the criminal history record. 9 9. This section shall not apply to any of the following 10 offenses: 11 a. Homicide or a related crime in violation of chapter 707. 12 b. Intimidation with a dangerous weapon in violation of 13 section 708.6. 14 c. Going armed with intent in violation of section 708.8. 15 d. Stalking in violation of section 708.11, subsection 3. 16 e. Sexual abuse in violation of chapter 709. 17 f. Kidnapping or related offenses in violation of chapter 18 710. 19 g. Robbery, aggravated theft, or extortion in violation of 20 chapter 711. 21 h. Arson in violation of chapter 712. 22 i. Burglary in the first degree in violation of section 23 713.3. 24 j. Burglary in the second degree in violation of section 25 713.5. 26 k. Neglect or abandonment of a dependent person in violation 27 of section 726.3. 28 l. Child endangerment in violation of section 726.6. 29 10. If a person has been adjudicated not guilty by reason 30 of insanity or was found to be incompetent to stand trial, 31 the expungement of the persons criminal history record shall 32 not prevent the entry of the judgment in state and national 33 databases for use in determining the persons eligibility to 34 purchase or possess a firearm or to carry a concealed firearm 35 -4- LSB 2791HV (1) 91 as/js 4/ 8
H.F. 926 pursuant to sections 724.8 and 724.26 and 18 U.S.C. 922(t), 1 and shall not prevent any government agency that is authorized 2 by state or federal law to determine the persons eligibility 3 to purchase or possess a firearm or to carry a concealed 4 firearm from accessing or using the persons criminal history 5 record during the course of such agencys official duties. 6 11. a. This section shall not be construed to confer any 7 right to any person to the expungement of the persons criminal 8 history record. 9 b. Any petition for expungement of a criminal history record 10 under this section may be denied at the discretion of the 11 court. 12 12. The supreme court may prescribe rules governing the 13 procedures applicable to the expungement of a criminal history 14 record under this section. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill is related to the expungement of certain criminal 19 history records (criminal record) of victims of human 20 trafficking. Human trafficking is defined as participating 21 in a venture to recruit, harbor, transport, supply provisions, 22 or obtain a person for forced labor or service that results 23 in involuntary servitude, peonage, debt bondage, or slavery; 24 or for commercial sexual activity through the use of force, 25 fraud, or coercion, except that if the trafficked person is 26 under the age of 18, the commercial sexual activity need not 27 involve force, fraud, or coercion; and knowingly purchasing 28 or attempting to purchase services involving commercial 29 sexual activity from a victim or another person engaged in 30 trafficking. Victim is defined as a person subjected to 31 human trafficking. 32 The bill permits a person to petition the court for 33 expungement of the persons criminal record resulting from the 34 arrest or filing of a charge, without regard to the disposition 35 -5- LSB 2791HV (1) 91 as/js 5/ 8
H.F. 926 of the arrest or of the charge, for an offense committed or 1 reported to have been committed while the person was a victim. 2 A petition for expungement (petition) may be filed any time 3 after the date on which the person is no longer a victim or the 4 person has accessed services for victims. 5 A petition must include the petitioners sworn statement 6 attesting that the petitioner is eligible for expungement and 7 official documentation, if available. Official documentation 8 is defined as documentation issued by a federal, state, or 9 local office, agency, or department that provides evidence of 10 a persons status as a victim. A petitioner who knowingly 11 provides false information on the sworn statement commits a 12 class D felony, punishable as provided in Code section 720.2. 13 A copy of the petition shall be served upon the appropriate 14 county attorney or the attorney general, and the arresting law 15 enforcement agency. 16 A courts final determination of a petition shall be based 17 on a preponderance of the evidence. If the petitioner submits 18 official documentation to the court, the submission of such 19 documentation creates a presumption that the petitioners 20 participation in the offense or offenses for which expungement 21 is sought was due to the petitioners status as a victim. 22 Official documentation shall not be required for a court to 23 grant a petition; however, a final determination made by the 24 court without official documentation shall be based on a 25 showing of clear and convincing evidence. 26 Notwithstanding any law to the contrary, a court may order 27 the expungement of the criminal record of a victim if the 28 victim complies with the requirements of the bill. If relief 29 is ordered by a court, the requirements for certification and 30 distribution of copies of the court order shall be as provided 31 in the bill. 32 Under the bill, a criminal record that is expunged shall be 33 a confidential record and exempt from public access under Code 34 section 22.7, except as detailed in the bill. Any information 35 -6- LSB 2791HV (1) 91 as/js 6/ 8
H.F. 926 that reveals, or that may reveal, the identity of a person 1 whose criminal record has been expunged shall be a confidential 2 record and exempt from public access under Code section 22.7. 3 Criminal investigative data and criminal intelligence data that 4 is confidential and exempt under the bill may be disclosed by a 5 law enforcement agency for the reasons detailed in the bill. 6 A person who is the subject of a criminal record that is 7 expunged may lawfully deny or fail to acknowledge an arrest 8 or conviction covered by the expunged criminal record, except 9 if the person is a candidate for employment with a criminal 10 justice agency or is a defendant in a criminal prosecution. 11 Subject to those exceptions, a person who has been granted an 12 expungement shall not be held under any law of this state to 13 have committed perjury or to be otherwise liable for providing 14 a false statement by reason of the persons failure to recite 15 or acknowledge the criminal record. 16 The bill does not apply to certain criminal offenses as 17 detailed in the bill. If a person was adjudicated not guilty 18 by reason of insanity or was found to be incompetent to stand 19 trial, expungement of the persons criminal record shall 20 not prevent the entry of the judgment in state and national 21 databases for use in determining the persons eligibility to 22 purchase or possess a firearm or to carry a concealed firearm 23 pursuant to Code sections 724.8 and 724.26 and 18 U.S.C. 24 922(t), and shall not prevent any government agency that is 25 authorized by state or federal law to determine the persons 26 eligibility to purchase or possess a firearm or to carry a 27 concealed firearm from accessing or using the persons criminal 28 record during the course of the agencys official duties. 29 The bill shall not be construed to confer any right to a 30 person to the expungement of the persons criminal record. Any 31 petition for expungement of a persons criminal record under 32 the bill may be denied at the discretion of the court. 33 The bill provides that the supreme court may prescribe rules 34 governing the procedures applicable to the expungement of a 35 -7- LSB 2791HV (1) 91 as/js 7/ 8
H.F. 926 criminal record under the bill. 1 -8- LSB 2791HV (1) 91 as/js 8/ 8