Categories
Record Expungement

Iowa Code §692.1 (2015)- Definitions

692.1  DEFINITIONS OF WORDS AND PHRASES.
         As used in this chapter, unless the context otherwise requires:
         1.  "Adjudication data" means information that an adjudication
      of delinquency for an act which would be a serious or aggravated
      misdemeanor or felony if committed by an adult was entered against a
      juvenile and includes the date and location of the delinquent act and
      the place and court of adjudication.
         2.  "Arrest data" means information pertaining to an arrest
      for a public offense and includes the charge, date, time and place.
      Arrest data includes arrest warrants for all public offenses
      outstanding and not served and includes the filing of charges, by
      preliminary information when filed by a peace officer or law
      enforcement officer or indictment, the date and place of alleged
      commission and county of jurisdiction.
         3.  "Conviction data" means information that a person was
      convicted of or entered a plea of guilty to a public offense and
      includes the date and location of commission and place and court of
      conviction.
         4.  "Correctional data" means information pertaining to the
      status, location, and activities of persons under the supervision of
      the county sheriff, the Iowa department of corrections, the board of
      parole, or any other state or local agency performing the same or
      similar function, but does not include investigative, sociological,
      psychological, economic, or other subjective information maintained
      by the Iowa department of corrections or board of parole.
         5.  "Criminal history data" means any or all of the following
      information maintained by the department or division in a manual or
      automated data storage system and individually identified:
         a.  Arrest data.
         b.  Conviction data.
         c.  Disposition data.
         d.  Correctional data.
         e.  Adjudication data.
         f.  Custody data.
         6.  "Criminal investigative data" means information collected
      in the course of an investigation where there are reasonable grounds
      to suspect that specific criminal acts have been committed by a
      person.
         7.  "Criminal or juvenile justice agency" means an agency or
      department of any level of government or an entity wholly owned,
      financed, or controlled by one or more such agencies or departments
      which performs as its principal function the apprehension,
      prosecution, adjudication, incarceration, or rehabilitation of
      criminal or juvenile offenders.
         8.  "Custody data" means information pertaining to the taking
      into custody, pursuant to section 232.19, of a juvenile for a
      delinquent act which would be a serious or aggravated misdemeanor or
      felony if committed by an adult, and includes the date, time, place,
      and facts and circumstances of the delinquent act.  Custody data
      includes warrants for the taking into custody for all delinquent acts
      outstanding and not served and includes the filing of a petition
      pursuant to section 232.35, the date and place of the alleged
      delinquent act, and the county of jurisdiction.
         9.  "Department" means the department of public safety.
         10.  "Disposition data" means information pertaining to a
      recorded court proceeding subsequent and incidental to a public
      offense arrest and includes dismissal of the charge, suspension or
      deferral of sentence.
         11.  "Division" means the department of public safety,
      division of criminal investigation.
         12.  "Individually identified" means criminal history data
      which relates to a specific person by one or more of the following
      means of identification:
         a.  Name and alias, if any.
         b.  Social security number.
         c.  Fingerprints.
         d.  Other index cross-referenced to paragraph "a",
      "b", or "c".
         e.  Other individually identifying characteristics.
         13.  "Intelligence assessment" means an analysis of
      information based in whole or in part upon intelligence data.
         14.  "Intelligence data" means information on identifiable
      individuals compiled in an effort to anticipate, prevent, or monitor
      possible criminal activity.
         15.  "Public offense" as used in subsections 2, 3, and 10 does
      not include nonindictable offenses under either chapter 321 or local
      traffic ordinances.
         16.  "Surveillance data" means information on individuals,
      pertaining to participation in organizations, groups, meetings or
      assemblies, where there are no reasonable grounds to suspect
      involvement or participation in criminal activity by any person.

Contact Attorney Mark Thompson with questions. 
Categories
Record Expungement

Iowa Code §692.17 (2015) – Exclusions

692.17  EXCLUSIONS -- PURPOSES.
         1.  Criminal history data in a computer data storage system shall
      not include arrest or disposition data or custody or adjudication
      data after the person has been acquitted or the charges dismissed,
      except that records of acquittals or dismissals by reason of insanity
      and records of adjudications of mental incompetence to stand trial in
      cases in which physical or mental injury or an attempt to commit
      physical or mental injury to another was alleged may be included.
      Criminal history data shall not include custody or adjudication data,
      except as necessary for the purpose of administering chapter 692A,
      after the juvenile has reached twenty-one years of age, unless the
      juvenile was convicted of or pled guilty to a serious or aggravated
      misdemeanor or felony between age eighteen and age twenty-one.
         2.  For the purposes of this section, "criminal history data"
      includes the following:
         a.  In the case of an adult, information maintained by any
      criminal justice agency if the information otherwise meets the
      definition of criminal history data in section 692.1, except that
      source documents shall be retained.
         b.  In the case of a juvenile, information maintained by any
      criminal or juvenile justice agency if the information otherwise
      meets the definition of criminal history data in section 692.1.  In
      the case of a juvenile, criminal history data and source documents,
      other than fingerprint records, shall not be retained.
         3.  Fingerprint cards received that are used to establish a
      criminal history data record shall be retained in the automated
      fingerprint identification system when the criminal history data
      record is expunged.
         4.  Criminal history data may be collected for management or
      research purposes.


Contact Attorney Mark Thompson with questions.