Expunging a criminal conviction

Iowa law allows for expungement of a criminal conviction for the crimes of:

  • Public Intoxication/Consumption (First Offense) and Possession of Alcohol Under Legal Age or Minor In Possession (PAULA/MIP)
  • If you have not had another criminal conviction within two years after the date of conviction (not the date of the offense) you may petition the Court and request that the conviction be expunged.  Convictions for simple misdemeanor traffic violations during the two year period will not disqualify you from receiving an expungement.
  • Legal Reference:  Iowa Code Section 123.46(6);
  • Legal Reference:  Iowa Code Section 123.47(8).
  • Expungement is generally also available when the charges are brought under a local ordinance instead of the state code.  Legal Reference:  Ames Municipal Code, Sections 17.19 and 17.1(t).
  • Apply to expunge as soon as possible.
  • Because increased penalties apply to second or subsequent convictions, it is important to obtain an expungement as soon as the law permits.
  • Expungement doesn’t happen automatically.
  • Expungement doesn’t happen automatically at the end of the applicable two year period of time.  A proper petition, request or application to expunge, must be filed in court to begin the legal process for the expungement to take place.  

Expunging a not guilty verdict or dismissal of all charges

Iowa Law provides that 180 days after a criminal prosecution has resulted in a not guilty verdict or dismissal of all charges (except prosecutions for simple misdemeanor offenses under Iowa Code Chapter 321 or local traffic ordinances), the court may expunge the record of the criminal case, provided all court costs, fees, other financial obligations have been paid, and other limited circumstances have been met.  An application to expunge the record may be made by the defendant, the prosecutor, or the court itself. 

Legal Reference:  Iowa Code Section 901C.2

Misdemeanor Expungement

Iowa law provides that upon application of a defendant, the record of a criminal case concerning certain misdemeanor convictions shall be expunged upon certain conditions eight (8) years after the date of conviction.

Legal Reference: Iowa Code Section 901C.3