In Iowa there is no legal mechanism to expunge a prior conviction unless a pardon is applied for and received by the Governor. However, Iowa does have a procedure to help keep a conviction for operating while intoxicated from becoming part of your criminal record by having the judge grant a deferred judgment. Pursuant to Iowa Code Section 907.3 the court may grant someone a deferred judgment and place the individual on probation. Upon the successful completion of probation, the Court will discharge a person from probation without entering a judgment or conviction.
In Iowa a person is not eligible for a deferred judgment following an arrest for operating while intoxicated if (1) they refused to submit to chemical testing that was requested by the police officer; (2) if the person has at any time been convicted of operating while intoxicated in this state or another state; (3) if the person has received a deferred judgment for operating while intoxicated in this state or another state; (4) if the offense resulted in injury to a person other than the accused; or (5) if the chemical alcohol test obtained by the police is over .15.
Although the granting of a deferred judgment and successful completion of probation is not technically considered a conviction, there are some practical considerations that accompany a deferred judgment. First, the granting of a deferred judgment does not mean there will not be ramifications for your driving privileges. Second, a person is only entitled to two deferred judgments in a lifetime. Third, it is possible for others to determine through a criminal history check that you were arrested for and plead guilty or were found guilty for operating while intoxicated even though it is not considered a conviction. Fourth, a deferred judgment can be used as a “prior conviction” for enhancement purposes both criminally and civilly if you were to be arrested a second or third time.
owi-dui.com can help
Iowa's Best Drunk Driving Defense Attorneys are represented on owi-dui.com. If a court ordered the expungement of your conviction upon successful completion of your sentence, or if you were only convicted of one OWI in the past ten years and your record has not been purged, please contact an expungement attorney today by using the online form. At this time, expungement cases are only accepted via this form.