Overview Description

Records relating to a conviction for underage alcohol offenses can be expunged by the court two years after the conviction if the petitioner has no other convictions, other than local traffic violations or simple misdemeanor motor vehicle violations, within the two-year period. Iowa Code § 123.47(8).

Ineligible Category or Citation

This section applies only to violations of section 123.47(3) and similar local offenses.

Procedure General

The petition must be filed with the court. For the specific procedure, see Iowa Code § 123.47.

Fees

There is no statutory language regarding fees.

Effect

The record is removed from the criminal history files maintained by the Department of Public Safety and is not considered a prior offense for purposes of enhancement under subsection 4 or under a local ordinance. Iowa Code § 123.47(8).

Waiting Periods

The petition can be filed two years after the date of conviction.

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