Legal Question in Appeals and Writs in Iowa

I would like to know how someone who was wrongfully accused of sexually assaulting a minor can be investigated, found not guilty, have the investigation terminated, while not being charged, arrested for or convicted of the crime and still be put on the Des Moines County DHS sexual offenders registry. If the individual did not legally commit the crime how can DHS have the right to deem them guilty of an "alleged" third degree sexual offense? Is there anything legal that can be done after they were unable to gain an appeal? This person is my brother and he has tried to get the district court to reopen and review the case for some time now. He hasn't recieved the documents telling him when he is supposed to "attend" a phone conference for this-God only knows what is going on with him not recieving these documents, yet he has recieved twice now papers telling him that he has missed these procedings. We are very frustrated and confused and would like to know what, if any, legal action can be taken.

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Asked on 7/31/11, 6:19 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The time for filing an appeal is very limited. The issue here is that the department is taking the position that 'not guilty' is not coequal with 'didn't do it'. How long has it been since these events took place, and what sort of registry is he on-the child abuse registry?

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Answered on 7/31/11, 8:24 pm


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