Iowa R. Crim. P. 2.83

As amended through Septmber 9, 2024
Rule 2.83 - Expungement proceedings
2.83(1) The county attorney may file a response to an application under rule 2.80, 2.81, or 2.82. The response shall be filed within 20 days after service of the application unless otherwise ordered by the court. The response shall be confidential.
2.83(2) The district court shall grant the expungement if, after consideration of the application, the response (if any), and any other pertinent information, it determines that the requirements for expungement have been met. The court may conduct a hearing.
2.83(3) For purposes of Iowa Code sections 901C.2(1) (a)(2) and 901C.3(1)(d), the referenced financial obligations are those obligations in the case or cases where expungement is sought. Room and board fees sought under a separate civil action pursuant to Iowa Code section 356.7 are not considered to be obligations in the case or cases where expungement is sought. Payment of court debt or other financial obligations is not a precondition for expungement under Iowa Code section 123.46(6), 123.47(8), or 725.l(l)(c).
2.83(4) For purposes of Iowa Code section 901C.3(1) (b), any pending charge of a public offense as defined in Iowa Code section 692.1 shall be considered a pending criminal charge.
2.83(5) For purposes of Iowa Code section 901C.3(1) (c), all charges as to which a deferred judgment was granted at the same time shall be considered one deferred judgment.

Iowa. R. Crim. P. 2.83

Order January 29, 2021, effective 7/1/2021.