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The following article was published in our article directory on November 22, 2012.
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Article Category: Advice
Author Name: Mark Murray
Expungement is the official process for removing or sealing criminal records, allowing you to deny being found guilty of the unlawful act when completing formal requests for employment, apartments, credit, or school. Needless to say, expungement can deliver a huge boost to anyone wanting to improve their life for the better.
In Iowa, misdemeanor and felony records are kept by the Department of Public Safety (" DPS") and by the courts, both on the internet in the Iowa Court Information System ("ICIS") and as physical files in the court docket. These records are readily available to the public unless they are expunged.
Iowa law permits expungement of public intoxication convictions, possession of alcohol under legal age (PAULA, also called minor in possession, or MIP) , and deferred judgments. The requirements to expunge public intoxication and PAULA records are the same: you must wait 2 years from the date of conviction without obtaining any other criminal findings of guilt (not counting motor vehicle offenses).
Deferred judgments (i.e., when the judge orders probation rather than a judgment of guilt) are typically allowed for minor offenses and can be removed once all the conditions of probation are fulfilled. Sealing a deferred judgment will eliminate it from ICIS, which is the most easily available database. The DPS continues to maintain a sealed report of your deferred judgment, but can not provide information to members of the public without an express waiver endorsed by you.
You have the right to either hire an attorney or handle your own expungement. Petitions for expungement are relatively simple, making it possible to represent yourself. The choice is yours. Here are a few points to consider when making the choice:
Retaining An Attorney. Generally speaking, the more complicated the legal matter, the more you need a lawyer. Having said that, Iowa expungement requests are rather simple so long as you satisfy the statutory requirements. This is why Iowa expungement lawyers typically charge a fixed fee -- usually $500 or more-- to handle a routine expungement. The time it takes for the lawyer to meet with you, fill out the expungement forms, and file and serve it depends on the attorney's calendar. Attorneys generally can't reimburse your money if your expungement is unsuccessful.
Preparing Your Own Expungement. You also have a legal right to handle your own expungement request. As mentioned above, expungement requests are relatively straightforward matters, particularly expungements for Iowa PAULAs, MIPs, and Public Intoxications. Because of this, most people are capable of preparing their own expungements. The cost of preparing your own expungement request can be as little as $200, with a money-back warranty, to use the identical expungement documents used by lawyers and accepted by Iowa courts through the state.
With the proper Iowa expungement tools, you can save the time and expense of hiring a lawyer while creating a brighter future for yourself without a criminal history.
Keywords: Iowa PAULA, Iowa expungement, Iowa MIP, Iowa public intoxication
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