3 years ago at age 19 I plead guilty to a charge of possession of alcohol, how do I ask for it to be removed from my record?

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3 years ago at age 19 I plead guilty to a charge of possession of alcohol, how do I ask for it to be removed from my record?

I paid the fine and court cost and want it removed from my record now what are the procedures- I have the address, date of offense and case number.

Asked on June 4, 2009 under Criminal Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Iowa is extremely strict on the issue of "expungement" - that is the clearing of your criminal record of past charges.  Based on my brief research it appears that there are only 2 instances that allow for this:

Public Intoxication Conviction - the only criminal offense in the State of Iowa that can be expunged from an individual's criminal record.  In order to have the conviction expunged, the individual must go at least two years after the conviction without being convicted of anything other than simple traffic offenses.

Deferred Adjudication - Upon discharge from probation, if judgment has been deferred, the criminal arrest record can be expunged.

If either apply, you must then petition the court to expunge the conviction and if you qualifiy the judge is required by law to issue the order granting the expungement.

Absent expungement, the only other way to clear your record would be a pardon from the Governor.  You should consult with an attorney in your area to see if he has any other ideas to suggest.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not an Iowa attorney, but my research indicates that Iowa is relatively unusual, and doesn't have any such procedures, other than a pardon from the governor -- and that, it seems, doesn't remove the record, just adds the notation of the pardon to it.

To confirm this with an attorney in your area, you can look in a number of places, including our website, http://attorneypages.com


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