Overview Description

A conviction for a vehicle and traffic violation that resulted from the fraudulent use of the petitioner's name or identification can be set aside by the court within one year of discovery. If the conviction is set aside, the court must expunge the record. Iowa Code § 321.200A(2).

Ineligible Category or Citation

This section applies only to scheduled traffic violations under Chapter 321.

Procedure General

An application can be made to the motor vehicle department or a motion can be filed in the district court. For the specific procedure, see Iowa Code § 321.200A.

Fees

There is no statutory language regarding fees.

Effect

The record is expunged and any administrative sanction imposed as a result of the conviction is rescinded.

Waiting Periods

The petition must be filed within one year of discovery of the conviction.

(non-prod server)