Iowa Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Expunged charges are erased from the record entirely, and sealed records still exist but are inaccessible to the public. Generally, sealed and expunged records will not appear on a background check.

2 Not-guilty verdicts and criminal-charge dismissals ? expungement.

In Iowa, a child's juvenile records are sealed (expunged) when the child turns 21, unless the child committed an aggravated felony or misdemeanor between the ages of 18 and 21. IOWA CODE § 692.17(1). for an offense which, if committed by an adult, would be an aggravated misdemeanor or felony.

You can apply to an expungement of a conviction relating to public intoxication or consumption two years after your date of conviction. To be eligible, you must not have any other convictions during those two years other than traffic violations or simple misdemeanor traffic violations.

Request for expungement You have to submit a written request to the court. There is no filing fee to make this request. The Iowa Supreme Court adopted the following standard forms to request expungement: Application to Expunge Not Guilty or Dismissed Charges.

More than eight years must have passed since the conviction; The person cannot have any pending criminal charges; The person cannot previously have been granted two deferred judgments; All costs and fees ordered by the court or imposed by the clerk must be paid; and.

A party seeking to file under seal documents that are not deemed confidential by statute or rule, shall file a motion to seal the document. The document sought to be filed under seal must not be attached to the motion or it will be part of the public case file.

Most criminal records cannot be removed from a person's Iowa criminal history. However, Iowa law provides that certain records can be expunged if qualifications are met. If they are met, the court can enter an order expunging the record of the case.

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Iowa Motion to Seal Records and Documents