When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Iowa, expungement of a criminal record means the record is permanently destroyed or deleted, making it inaccessible for background checks. However, not all criminal records are eligible for expungement. Generally, expungement in Iowa is limited to cases where the individual was acquitted, the charges were dismissed, or the individual completed a deferred judgment program and satisfied all probation requirements. Certain alcohol-related offenses and public intoxication convictions may also be expunged under specific conditions. Juvenile records are more commonly eligible for expungement, especially if the offense occurred before the individual turned 18. The process and eligibility for expungement are governed by Iowa Code sections 901C.1 to 901C.4, among others. It's important to note that serious misdemeanors and felony convictions are typically not eligible for expungement in Iowa. Individuals seeking expungement should consult with an attorney to understand their specific circumstances and the potential for clearing their record.