Oct 10, am Iowa state Rep. Scott Ourth arrested for drunken driving - Des Moines Register. Sep 12, am Bankruptcy law: Joe Biden vs. Elizabeth Warren - Vox. Aug 3, am Website scams target people seeking birth certificates, other documents from Iowa, other states - Sioux City Journal. May 13, am Burglary, meth, assault, eluding law enforcement, school district sued: North Iowa crime and courts for May - Globe Gazette. If that provision requires case information to be removed, it requires it to be removed for everyone, including judges and other court personnel.
While there might be reasons to limit public rather than judicial access to this information, J. Instead, it would require the official court docket as accessed by anyone to have all traces of this information removed.
That is not what happens with respect to deferred judgments. A deferred judgment is not erased from the official record; rather, under a specific provision of law, a separate confidential docket is maintained of those judgments, which is accessible to certain officials within the judicial and the executive branches but not to the general public. In the alternative, J. See Iowa Const. Cleburne Living Ctr. The first step in determining whether a statute violates equal protection is to determine whether the statute distinguishes between similarly situated persons.
If the statute treats similarly situated persons differently, the court must then determine what level of review is required—strict scrutiny or rational basis.
Wright v. Iowa Dep't of Corr.
Assuming for present purposes that Iowa law with respect to the public availability of court records treats similarly situated persons differently, we nonetheless believe a rational basis review applies here 7 and that the law passes that test. Persons who have had criminal proceedings terminated in their favor are not a suspect class.
Nor do we believe that making records of court proceedings available burdens a fundamental right. The legislature could rationally determine that deferred judgments should not be accessible to the public but dismissals and acquittals should be. The legislature could rationally have concluded that denying public access to criminal proceedings that result in a deferred judgment serves the legitimate governmental purposes of promoting rehabilitation and incentivizing defendants to meet the terms of their accompanying probation. On the other hand, the legislature could have rationally concluded that denial of public access to dismissals and acquittals is not needed because the public can see for themselves that the charges were resolved in the defendant's favor.
This case illustrates the impact of the internet on our daily affairs. Dockets always have been public records, but until the Iowa state court dockets became computerized and available on-line, it was not easy for the public to use them. Now, one can learn of any person's past involvement with Iowa's court system by making a few mouse clicks and a few strokes at a keyboard. We are mindful of J. Our decision does not foreclose steps by the judicial branch to address these concerns.
We hold only that Iowa Code section In addition, making such information available to the public, while withholding public access to deferred judgments, does not violate the Equal Protection Clause of the Iowa Constitution. During the legislative session, the General Assembly added internal numbering to Iowa Code sections Since this numbering and other nonsubstantive changes from the session do not affect our analysis, we will refer to the current, renumbered sections of the law unless specifically noted otherwise.
Those agencies did not challenge the order and have not appealed. Section This appears to be a clarification that the legislature intended to direct an outcome, rather than simply describe a state of affairs. By submitting this form, you agree to FindLaw. We respect your privacy. Thank you for subscribing! Explore Resources For Practice Management. Legal Technology. Corporate Counsel. Reset A A Font size: Print. Supreme Court of Iowa. Decided: July 15, Thomas J. Miller, Attorney General, and Pamela D.
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Griebel, Assistant Attorney General, for plaintiffs. Raphael M. Scheetz, Cedar Rapids, and D. The Federalist No. Background Facts and Proceedings.
That section provides: Nothing in this chapter shall prohibit the public from examining and copying the public records of any public body or agency as authorized by chapter Issues on Appeal. Standard of Review. Statutory Analysis. The IOWA system allows criminal justice agencies to: 1. Access driver license and motor vehicle information in-state as well as out-of-state.
Exchange criminal history information on a national basis. Communicate by use of administrative messages with other criminal justice agencies worldwide. For each case, the docket is indexed and contains the title and nature of the action, the place of hearing, appearances, and notations of the documents filed with the judicial officer, the proceedings in the case and orders made, the verdict and judgment including costs, any satisfaction of the judgment, whether the judgment was certified to the clerk of the district court, whether an appeal was taken, and the amount of any appeal bond.
Iowa Code section It provides: 2. The following books shall be kept by the clerk: a.
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The importance of dockets and the public's access to them has been described by a federal district court as follows: The collection of judicial records even in the less busy courthouse is substantial. Globe Newspaper Co. While a Confidentiality Order offers less protection than sealing since the record still exists as a matter of law, it is an alternative if you do not qualify to have it sealed.
Certain portions of your juvenile criminal record may be expunged under limited circumstances.
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The court will only expunge the record if:. Between the ages of , you were not convicted of a felony, aggravated misdemeanor, or serious misdemeanor. The best way to keep your record clean is to not get in trouble in the first place. If you do make a foolish mistake as a minor, you may be able to seal your juvenile record to help avoid the public stigma and limitations on your educational, employment and financial opportunities.
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This is a brief summary of the law on sealing juvenile criminal records. There are additional requirements and exceptions that are not covered by this article. If you have questions about sealing your juvenile criminal record, you should talk to an attorney. For more information about A2J Author please visit www. L aw H elp. Hide Visit.
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Text size: A A A. GO Advanced Search. Juvenile Record Causing Problems? How can my juvenile record affect me? What can I do? You can generally file this application if: You are at least 18 years old; At least two years have passed since the last action in your juvenile case; You have had no other convictions of a felony or an aggravated or serious misdemeanor; and There are no charges pending against you that might result in an adjudication or conviction of a serious misdemeanor or more serious offense as an adult.
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Does sealing happen automatically? What are some examples of when a case can and cannot be sealed? The following two examples help illustrate the rules on sealing juvenile records: Wynona Wynona just turned 18 and desperately wants to apply at the new Forever 21 store opening downtown. Does Wynona have a record that should be sealed? Can Romeo seal his juvenile record? Confidentiality Orders. The court will only expunge the record if: The court did not transfer your case to an adult court, and Between the ages of , you were not convicted of a felony, aggravated misdemeanor, or serious misdemeanor.
If a juvenile record is expunged, it is no longer available to the public.