Legal Question in Criminal Law in Iowa

fifth degree

i was given a deferred judgement for 5th degree theft, when does this get removed from my record & are employers still able to view this after it is removed???


Asked on 3/13/09, 3:23 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: fifth degree

The record of a deferred judgment does not ever get removed from your record.

If you have successfully completed the terms and conditions of your probation, whatever that may be, you are entitled to say you have never been convicted of the charge. The record of the adjudication is supposed to be kept in a special deferred judgment docket to which limited access is granted.

However, having said that, the DCI does keep arrest records, and they are available generally pretty easily, particularly if you sign a waiver that allows your prospective employer to access your file-as most people do.

In addition, if you were arrested, a record of that will remain in the federal NCIC database. Ordinarily access to that is limited to governmental agencies such as police and public safety.

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Answered on 3/16/09, 11:29 am


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