This bill establishes a new legal framework for the expungement of criminal history records for victims of human trafficking in Iowa. It allows individuals to petition the court for expungement of their criminal records resulting from arrests or charges related to offenses committed while they were victims of human trafficking. The petition can be filed at any time after the individual is no longer a victim or has accessed victim services. To support their petition, individuals must provide a sworn statement affirming their eligibility and, if available, official documentation proving their status as a victim. The bill also stipulates that a court may grant expungement based on a preponderance of the evidence, with or without official documentation, and outlines the process for notifying relevant authorities if expungement is granted.
Additionally, the bill ensures that expunged records remain confidential and exempt from public access, with specific exceptions for law enforcement and authorized agencies. It allows individuals with expunged records to deny or fail to acknowledge their arrests or convictions, except in certain legal contexts. However, the bill does not apply to serious offenses such as homicide, sexual abuse, or robbery, and it clarifies that the court has discretion in granting or denying expungement petitions. The Supreme Court is also empowered to establish rules governing the expungement process.