Legal Question in Criminal Law in Iowa

Exsponging a crime

When I Was 18, I enlisted in the national guard for military police. Before I went to basic, I was pulled ouver for OWI, and when confronted, I told the officer that I was a police officer. He asked me if i was ILEA certified, not knowing what that was, I said yes. I was then arrested for impersonating a public offical and I pled guilty. My lawyer told me that we was going to get that one dropped, but when I went to court, he told me to plead guilty. Now 7 years later, Im trying to fulfill my dreams of being a police officer and I'm being turned down, left and right because of this one charge. I was wondering If there is a way to get it off my record by exsponging or do I have to wait to have it pardoned and how would I go about either.


Asked on 1/09/05, 7:46 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Expunging a crime

Unfortunately you have a difficult problem and may need to seek a pardon, although that in and of itself will not remove a criminal record. If you were convicted of 718.2 that is an aggravated misdemeanor. Unless you received a deferred judgment there is no effective way of removing this from your background check. The following website gives a brief summary of the relevant law on the subject.

In addition, the offense you were convicted of could be considered an offense of moral turpitude as it involved dishonest conduct, although there is no case law on the subject. If that is indeed the interpretation being given to this record you would not be able to be certified as a peace officer in this state under the Iowa Administrative Code.

Your rules in your home state may be somewhat different, and i suggest you contact an Indiana lawyer to see whether the rules for certification of peace officers are substantially different in your state.

http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/IA/IA-EXP.htm

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Answered on 1/09/05, 9:44 pm


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