Iowa Expungement Laws: Iowa Code § 901C Explained (2026)

Iowa Expungement Laws: Iowa Code § 901C Explained
Iowa allows certain residents to expunge one misdemeanor conviction from their criminal record under Iowa Code § 901C.3, subject to an eight-year waiting period and strict eligibility conditions. Separate rules under § 901C.2 and § 907.9 govern dismissals, acquittals, and deferred judgments.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This page covers Iowa state expungement law only. For a side-by-side comparison with other states, see Expungement Laws by State.
Who Qualifies for Misdemeanor Expungement Under § 901C.3
Iowa Code § 901C.3 authorizes a court to expunge the record of a misdemeanor conviction when the applicant proves four conditions. First, more than eight years must have passed since the date of conviction. Second, the applicant must have no pending criminal charges at the time of application. Third, the applicant must not have previously been granted two deferred judgments under Iowa Code § 907.3. Fourth, all court costs, fines, fees, restitution, and other financial obligations ordered by the court or assessed by the clerk of the district court must be paid in full. The statute applies to convictions that occurred before, on, or after July 1, 2019, so older cases are not automatically barred. When all four conditions are met, the court "shall" enter the expungement order as a matter of law; the judge has no discretion to deny a qualifying application (Iowa Code § 901C.3(1)).

The One-Time Lifetime Limit
Iowa Code § 901C.3(3) restricts misdemeanor expungement to one grant per person over their lifetime. This is a hard cap with a narrow exception: a single application may cover more than one misdemeanor offense if all of those offenses arose from the same transaction or occurrence. For example, two misdemeanor charges filed in the same incident and resolved in the same case could both be included in one application. Offenses from separate incidents count as separate applications, and only the first will be granted. Applicants should therefore identify all eligible misdemeanors that share a factual basis before filing, because there is no second chance once the lifetime slot is used.

Which Offenses Cannot Be Expunged
Iowa Code § 901C.3(2) lists a substantial number of misdemeanor convictions that are permanently excluded from expungement. Key excluded categories include:
- OWI (operating while intoxicated): A conviction under Iowa Code § 321J.2 is expressly excluded. Iowa courts have no authority to expunge an OWI conviction, regardless of how much time has passed.
- Sex offenses: Any conviction for a sex offense as defined in Iowa Code § 692A.101 cannot be expunged.
- Domestic abuse assault: Convictions under Iowa Code § 708.2A (domestic abuse assault) are excluded.
- Assault causing bodily injury or mental illness: Convictions under § 708.2, subsection 3 are excluded.
- Harassment and stalking: Convictions under §§ 708.7 and 708.11 are excluded.
- Alcohol-related driving: Convictions under § 321.218, § 321A.32, and § 321J.21 are excluded in addition to § 321J.2.
- Firearms offenses: Convictions under Iowa Code chapter 724 cannot be expunged.
- Bestiality and obscenity: Convictions under Iowa Code chapter 717C (bestiality) and chapter 728 (obscenity) are excluded.
- Obstructing justice and interference with judicial process: Convictions under chapter 719 (Obstructing Justice) and chapter 720 (Interference with Judicial Process, which includes perjury) are excluded.
- Official misconduct: Convictions under Iowa Code chapter 721, including §§ 721.2 and 721.10 (nonfelonious misconduct in office), are excluded.
Convictions under prior law that are comparable to any excluded category are also ineligible (§ 901C.3(2)(x)).
Dismissed Charges and Acquittals Under § 901C.2
Iowa Code § 901C.2 provides a separate expungement path for cases that did not result in a conviction. When a defendant receives an acquittal on all charges, or when all charges in a case are dismissed, either the defendant or the prosecutor may apply to expunge the record. The court may also act on its own motion. To qualify, the applicant must show that at least 180 days have passed since the acquittal or dismissal order, all court costs and fees have been paid, the case was not dismissed due to a finding of not guilty by reason of insanity, and the defendant was not found incompetent to stand trial. The 180-day wait can be waived for good cause, such as when the defendant was a victim of identity theft or mistaken identity (§ 901C.2(1)(a)(3)). This path covers all public offenses and applies to cases that occurred before, on, or after January 1, 2016, so cases predating that date are not excluded. Note that § 901C.2 does not apply to dismissals that follow a deferred judgment; those cases are governed by § 907.9.
Deferred Judgments Under § 907.9
When a defendant is placed on probation under a deferred judgment pursuant to Iowa Code § 907.3, expungement occurs automatically at the end of the probation period rather than by application. Under § 907.9(4)(b), once the defendant is discharged from probation and has paid all restitution, civil penalties, court costs, fees, and other financial obligations, the court's criminal record for the deferred judgment and any dismissed counts from the same case is expunged by operation of law. The expunged record becomes a confidential record under Iowa Code § 22.7, accessible without a court order only to the defendant and to agencies granted access to the deferred judgment docket under § 907.4(2). A defendant who has previously been granted two deferred judgments under § 907.3 is disqualified from seeking misdemeanor expungement under § 901C.3.
How to File an Expungement Application
Expungement under § 901C.3 requires filing an application in the district court of the county where the conviction occurred. The Iowa Supreme Court has authority to prescribe rules governing the procedure under § 901C.3(6). Applicants should obtain the current court forms from the Iowa Judicial Branch website at iowacourts.gov and file in the correct district. The application must demonstrate each of the four eligibility conditions: eight-year wait, no pending charges, no two prior deferred judgments, and full payment of financial obligations. The court will enter the order expunging the record if the applicant has proven all conditions. After expungement, the Department of Public Safety removes the conviction from criminal history data files maintained by the department, provided such a record was maintained there (§ 901C.3(5)).

Disclaimer: This page provides general legal information about Iowa expungement law as of May 29, 2026, based on Iowa Code Chapter 901C and § 907.9. It is not legal advice. Iowa law is subject to change by the legislature and by Iowa Supreme Court rulemaking. Consult a licensed Iowa attorney before making any decisions about your criminal record.
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Sources
The following Iowa Code sections were verified directly from the Iowa Legislature website (legis.iowa.gov) and reflect the 2026 Iowa Code as of May 29, 2026.
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Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.
Sources and References
- Iowa Code § 901C.3 — Misdemeanor expungement(legis.iowa.gov).gov
- Iowa Code § 901C.2 — Not-guilty verdicts and criminal-charge dismissals(legis.iowa.gov).gov
- Iowa Code § 901C.1 — Definition(legis.iowa.gov).gov
- Iowa Code § 907.9 — Discharge from probation and expungement of deferred judgments(legis.iowa.gov).gov