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The following article was published in our article directory on November 26, 2012.
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Article Category: Advice
Author Name: Mark Murray
Expungement is the legal procedure for erasing or sealing criminal records, enabling you to deny being convicted of the unlawful act when completing formal requests for employment, housing, credit, or school. Needless to say, expungement can give a significant boost to anyone looking to improve their life for the better.
In Iowa, criminal 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 hard copy files. These documents are available to the general public unless they are expunged.
Iowa law allows expungement of public intoxication convictions, possession of alcohol under legal age (PAULA, a/k/a minor in possession, or MIP) convictions, and deferred judgments. The conditions to expunge PAULA and public intoxication convictions are identical: you need to wait 2 years from the judgment of guilt without obtaining any other criminal convictions (not counting motor vehicle offenses).
Deferred judgments (that is, when the court gives probation rather than a conviction) are normally allowed for minor offenses and can be removed once all the terms of probation are satisfied. Expunging a deferred judgment will remove it from ICIS, which is the most readily accessible database. The DPS continues to maintain a sealed record of your deferred judgment, but can not provide information to members of the public without a written waiver signed by you.
You have the legal right to either retain a lawyer or represent yourself in your expungement. Requests for expungement are remarkably simple, making it possible to represent yourself. The decision is yours. Here are several things to keep in mind when making the decision:
Retaining a Lawyer. Typically, the more complicated the case, the more you need an attorney. Having said that, Iowa expungement requests are relatively simple so long as you fulfill the eligibility criteria. This is why Iowa expungement attorneys usually charge a flat rate -- typically $500 or more-- to handle a simple expungement. The amount of time it takes for the attorney to meet with you, complete out the expungement forms, and file and serve it varies with the attorney's calendar. Attorneys typically cannot refund your money if your expungement is denied.
Representing Yourself. You also possess a right to handle your own expungement request. As mentioned above, expungement requests are remarkably straightforward matters, especially expungements for Iowa PAULAs, MIPs, and Public Intoxications. Because of this, many people are capable of handling 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 same forms used by lawyers and recognized by Iowa courts throughout the state.
With the correct Iowa expungement resources, you can save the time and cost of retaining an attorney while creating a better future for yourself without a misdemeanor record.
Keywords: Iowa PAULA, Iowa expungement, Iowa MIP, Iowa public intoxication
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