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 offenses committed while they were victims, regardless of the outcome of the charges. 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 are exempt from public access, with specific exceptions for law enforcement and certain government agencies. It allows individuals whose records have been expunged to deny or fail to acknowledge their arrests or convictions, except in specific circumstances related to employment in criminal justice or ongoing criminal prosecutions. The bill excludes certain serious offenses from eligibility for expungement and clarifies that it does not guarantee the right to expungement, as courts retain discretion in granting or denying petitions. The Iowa Supreme Court is also empowered to establish rules governing the expungement process.