In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.
Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.
And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.
Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.
In Iowa, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, under certain conditions, these records may be expunged or sealed. Expungement effectively removes the record as if the event never occurred, while sealing restricts access to the record, primarily to private parties. Government entities and law enforcement may still access sealed records. Iowa law provides specific criteria under which records can be expunged or sealed, such as for certain nonviolent offenses, acquittals, or dismissals. Juvenile records are typically confidential and not available to the public. Judges in Iowa also have the discretion to seal additional documents or close hearings to protect sensitive information, victims, witnesses, ongoing investigations, or national security. Federal judges have limited instances where they seal criminal records, and these actions are governed by federal law and court rules. The specifics of sealing or nondisclosure of criminal records in Iowa can be found in the state's statutes, and the process often requires a court order.