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There are criminal cases listed on my Iowa criminal history.  How can I remove them?

• Most civil and criminal cases appear on the online court docket, called the Iowa Court Information System, or “ICIS.” 
• Records are kept from cases filed and the docket cannot usually be deleted.
  • If a person is entitled to get a criminal case expunged, or removed from public court records, the record of the case can be removed only from some databases.
    • Once records are put on ICIS, they are usually not removed, except in limited situations, like after successful completion of a deferred judgment.
  • A person is only entitled to have a case expunged if:
    • There was a deferred judgment with probation successfully completed, or
    • It was a certain type of criminal case and the person meets the statutory criteria to have it removed from the public record.
  • If you are found not guilty or the case gets dismissed, the case will appear on the docket that shows you were not convicted of the crime.

How do I find out what is on my Iowa criminal history?

• Criminal case records are kept in many different places – national, state, and local law enforcement databases; local county clerk’s offices, and online.
  • You can check the on-line court docket by going to: http://www.iowacourts.state.ia.us/ESAWebApp/SelectFrame

• Click on “Start a Case Search.”  Look on the right side of the screen under the Trial Court section and click on “Case Search.”
• Put in your name and select “Criminal” in Case Type box if you want to limit the search.  Then hit Enter or click “Search.”
  • Cases more than 10 years old may not be in this system.
  • Anyone can have access to main parts of the online court docket without a subscription.

What does it mean to have a criminal case expunged?

• Expungement means that the criminal case is removed from most national, state, and local law enforcement databases. 
• Even if the court does expunge a case, the case may still be accessible to the public on ICIS, depending on whether it was a deferred judgment with successful completion of probation or if it was a not guilty verdict.
• The case file will remain in the county clerk’s office even if the record is expunged.
  • But, the expunged case should not be used against a person later.

What is a deferred judgment?

• A deferred judgment is an option in the criminal justice system where the court gives a person the opportunity to be on probation instead of having a conviction entered against him/her right away.
  • The Court “defers,” or waits to decide a person’s guilt or innocence in the crime. 
• If probation was successfully completed, the court does not enter a conviction.
• If probation was not successfully completed, the court enters a conviction.
  • Once you have been convicted, you usually cannot get the case expunged (unless you meet the exception listed below).

How do I change my criminal record if it is incorrect?

• Deferred judgment
  • Petition the court to allow the record to be expunged.
  • If the judge orders the case to be expunged, the clerk’s office will send the information to the Department of Public Safety.
• Error on your criminal history record
  • If there is an error on your record, then you can write a letter to Department of Public Safety.
    • In the letter, tell them there is nonfactual information in your file, tell them the correct information, and ask them to correct it.
  • The Department of Public Safety should send a notice in writing within 20 days of receiving your request telling you their decision about your correction.
    • If your case is corrected, the Department of Public Safety cannot release information about your corrected record to anyone without a written waiver.
    • Some employers will ask you to sign a waiver for a criminal history check when you apply for a job for this reason.

How can I contact the Department of Public Safety?

Iowa Department of Public Safety
215 East 7th Street
Des Moines, Iowa 50319

Can I expunge a criminal case if I was convicted?

• Not usually.  There is one specific exception:
  • If you were convicted of Public Intoxication, Consumption, or Underage Possession of Alcohol, you can ask a Court to expunge the conviction so long as you had no other criminal convictions in the two years following the conviction.
    • If a person has no other criminal convictions, other than traffic tickets, during the 2 years after the conviction for the alcohol-related conviction, the court should order the conviction to be expunged.
    • You can petition the court to expunge the crime.
    • If the court orders the expungement, the order goes to the Department of Public Safety for them to remove the information from their files.

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

• No, the law is very strict in Iowa.  The docket must be maintained.  It is available online, and unless it fits the criteria for expungement, it cannot be removed once the case has been filed.

What else could I do to help my situation?

• If you were convicted of a crime, you can ask the Governor of the State of Iowa to give you a pardon.
• A pardon does not remove the conviction from your record.
  • It is very rare for the Governor to grant a pardon.
  • To get the paperwork to request a pardon, click on the web link below for a form that needs to be filled out and submitted to the Governor’s office:
  • Application for Special Restoration of Citizenship Rights (Firearms), Pardon, and Commutation of Life Sentence