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. 

Leave a Reply

Your email address will not be published. Required fields are marked *