Iowa: Adult Factual Innocence (IA-FI-1)

A conviction for a vehicle and traffic violation that resulted from the fraudulent use of the petitioner's name or identification can be set aside by the court within one year of discovery. If the conviction is set aside, the court must expunge the record. Iowa Code § 321.200A(2).

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This section applies only to scheduled traffic violations under Iowa Code § 321.200A(2).

Procedure General

An application must be made to the motor vehicle department and a motion must be filed in the district court. For the specific procedure, see Iowa Code § 321.200A.

Fees

There is no statutory language regarding fees.

Effect

The record is expunged and any administrative sanction imposed as a result of the conviction is rescinded. Iowa Code § 321.200A(3).

Waiting Periods

The petition must be filed within one year of discovery of the conviction.

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