Overview Description

Records relating to a complaint or petition alleging delinquency that did not result in an adjudication will be sealed upon application. Iowa Code § 232.150(1)(a).

 

Ineligible Category or Citation

A person is ineligible for sealing under this section if the person: (1) has been subsequently convicted of a felony or an aggravated or serious misdemeanor or adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or serious misdemeanor; (2) has a proceeding pending seeking conviction for a felony or an aggravated or serious misdemeanor or adjudication for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or serious misdemeanor; (3) was place on youthful offender status, transferred back to district court after the youthful offender's eighteenth birthday, and sentenced for the offense which precipitated the youthful offender placement; or (4) was adjudicated delinquent of operating while under the influence (321J.2). Iowa Code § 232.150(1)(a).

Procedure General

No petition needs to be filed. The court should automatically schedule a hearing for two years after the date of the last official action, or the date the child becomes 18 years of age, whichever is later. Iowa Code § 232.150(1)(a). For the specific procedure, see Iowa Code § 232.150(2).

Fees

There is no statutory language regarding fees.

Effect

All index references to sealed records are deleted. Iowa Code § 232.150(4)(b).

The sealed records are no longer deemed to exist as a matter of law, and the juvenile court and any other agency or person who receives notice and a copy of the sealing order reply to an inquiry that no such records exist. Inspection of the record is by court order only, and limited to the subject person and those conducting bona fide research. Iowa Code § 232.150(5).

Waiting Periods

The petition can be filed any time after the person turns 18 years old and at least two years have elapsed since the last official action in their case.

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