Legal Question in Criminal Law in Iowa

How to expunge record over 11 years old

I have a brother trying to seek employment in CA. and has been rejected twice due to a 5th degree theft charge 11 yrs. old for a bounced check. Ca. law 1785.15 and Fed. Fair Credit reporting act states info should be removed after 7 yrs and the background check people refuse to remove it. What steps does he need to take with the Ia. court system, where this occurred, to have this expunged? Is there a form or procedure? I appreciate any help. Thanks


Asked on 8/12/06, 1:35 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: How to expunge record over 11 years old

Information reported by creditors, credit bureaus and bankruptcy courts will eventually expire and be dropped from credit reports, but criminal convictions are not credit information. The statutes you cite thus do not apply to them. Convictions are court records and they remain in place unless and until either they are removed by a court or the defendant received a pardon.

As you say, your brother will need an Iowa attorney to advise and, if he is elligible for expungement, represent him.

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Answered on 8/12/06, 4:40 pm
Robert Luedeman solo practitioner

Re: How to expunge record over 11 years old

There is no expungement in Iowa. Did he ask for a deferred judgment at the time? Was he a juvenile?

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Answered on 8/17/06, 12:23 pm
Jay Leiderman Leiderman Devine LLP

Re: How to expunge record over 11 years old

Noting what Mr. Hoffman correctly said, my office does expungements in all 50 states. Please be aware, however, that an expungement will be circumvented by certain types of background checks, for example: Law enforcement or security, state or federal jobs, banks, nursing or doctors licences, etc. You can contact me for a fuller explanation. We may be of valuable assistance.

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Answered on 8/14/06, 12:32 pm


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