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Iowa R. Crim. P. 2.80

Expungement of dismissed cases or acquittals

activein force · 2021-07-01 – presentact-effective-date

2.80(1) Either a defendant or a prosecuting attorney may file an application to expunge the

district court criminal records of a case under Iowa Code section 901C.2 where an acquittal was

entered for all criminal charges or where all criminal charges have been otherwise dismissed. The

court may also expunge an eligible case on its own motion. The application may be filed by an

attorney of record in the case, by an attorney who enters a limited appearance for the

expungement proceedings, or by a self-represented defendant.

2.80(2) An application for expungement of a criminal case record under Iowa Code section

901C.2 shall be initiated by completing and filing an application that substantially complies with

Rule 2.86—Form 1: Application to Expunge Court Record under Iowa Code section 901C.2.

2.80(3) The application must be filed in the case where expungement is sought and served on

the county attorney. If the application is filed by a county attorney, the county attorney shall

provide notice to the defendant and any counsel of record.

2.80(4) The application and all attachments shall be confidential.

2.80(5) For the purposes of this rule, a “case” refers to a separately numbered case.

2.80(6) For the purposes of this rule, “otherwise dismissed” includes a separately numbered

case in which a case number becomes inactive because all charges have been transferred to

another case number.

History

[Court Order January 29, 2021, effective July 1, 2021]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
801d25b0b6f4ce7249d3b8b28f36581b00e11f43ae5943d6d1370c00d6f3c9e2
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Iowa R. Crim. P. 2.80 — Expungement of dismissed case… · binding.law