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How do I find out if I have a criminal history in Iowa?

• Criminal case records are kept in the County where the crime was charged.
• You may find criminal records for Iowa if you contact: 
    Iowa Department of Public Safety
    Division of Criminal Investigation (DCI)
    DPS State Office Building
    Des Moines, Iowa
    Phone: (515) 725-6066
  
• You can also check on-line at http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame
  Click on "Case Search." Put in your name. You can limit the search to criminal cases only. Put "Criminal" in "Case Type" if you want to limit the search. Then click "Search." Cases more than 10 years old may not be in this system.

Why is there something on my criminal history check?

• There are many reasons that criminal convictions or arrests appear on a criminal history check. 
• Some records are kept from arrests whether or not there is a conviction.

How can I remove something from my record in Iowa?

• Most criminal convictions in Iowa can never be removed from public record.  There are a few exceptions. These exceptions are available only for a small number of crimes.

1. If a person is entitled to get a criminal conviction expunged from court records.
2. If a person is exonerated from a charge.

• You may be able to get a pardon from the Governor of the State of Iowa. The pardon is available for most crimes, but it is very difficult to get.  It also does not remove the conviction from your record.  It shows you got a pardon.    

What is a deferred judgment?

• Deferred judgment is a process that gives some offenders a chance to clear their criminal record
• You must ask for a deferred judgment before a Judge convicts you of the crime and sentences you.
• You cannot ask for a deferred judgement in a case after you have been convicted and sentenced.
• You are only eligible for two deferred judgments in a lifetime. 
• The Iowa Supreme Court keeps a record of deferred judgements to enforce the two in a lifetime limit.
• Courts cannot grant deferred judgments for some serious crimes.  Your criminal history may be a reason you cannot receive a deferred judgement.
• Deferred judgments are not automatic. The Court decides if you may have a deferred judgement.
• In a deferred judgment, you enter a plea of guilty to the crime, but the Court does not convict you of the crime.  The Court is "deferring" or waiting to decide judgment about your guilt or innocence in the crime. 
• The Court usually requires some period of probation and sometimes other things such as a substance abuse evaluation or batterer's education program. 
• You must successfully do everything the Court has ordered and not get into any other criminal trouble during your probation.  Then the Court can expunge the criminal charge without entering a conviction.
• You must ask the Court to expunge the charge after meeting all of the Court's requirements.
• The Court will not expunge the charge unless you ask the court to do this. 

          
Can I have a criminal charge or conviction expunged from public record?

• The answer to this question is usually no.
• Expungement means that the charge is removed from the county clerk's records. 
• You can only have a criminal charge expunged if:
• the Court granted you a deferred judgment and
• you successfully completed all of the Court's requirements.
• The county clerk should send notice of the deferred judgement to the Iowa Department of Public Safety.
• The Iowa Department of Public Safety will not give out information about a criminal charge if they received notice of a deferred judgment
• if you sign a waiver  the Iowa Department of Public Safety can release information about your deferred judgment.
• Some employers will ask you to sign this waiver for a criminal history check when you apply for a job.
• Only a public intoxication charge or conviction can be expunged without a deferred judgment.  See next point. 

Can I be exonerated (cleared) of a charge if I was convicted?

• No, with one exception.
• If you were convicted of public intoxication or consumption, you can ask a Court to exonerate you of the conviction under certain circumstances.
• The court must exonerate you of the conviction as long as you had no other criminal convictions in the two years following the conviction.
• If the Court enters an order exonerating you, the Court must also order the Clerk of Court to expunge the criminal charge from their records.
• You are still allowed to be exonerated if you were convicted of some simple traffic violations.
• As with the deferred judgement, you must ask the Court to exonerate you.
• The Court will not do this on its own.  You can ask for this at any time as long as you have had no convictions in the two years following the public intoxication or consumption.

Is there any other way to have a criminal charge removed from my record?

• The only other option is to ask for a pardon from the Governor of Iowa.
• Although you can ask for a pardon from any charge, they are not frequently granted. 
• A pardon does not expunge the criminal conviction.
• The conviction is still recorded, but so is the pardon.