Ask a Lawyer and Get Answers to Your Legal Questions
Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. If I can make sure I’m clear, you’re looking to have your IOWA misdemeanor record expunged, correct?
I see what you mean, one moment...
Ok, expungements are governed by Neb. Rev. Stat. § 29-3523, and are only applicable when no conviction was ever received. If in your case there was no felony record, but it's still showing up mistakenly in your background checks, then you're going to need to petition the court to have them remove the felony. You'll need to file it in the court where the phony conviction was made. The court may grant the petition and issue an order expunging it. You just have to make sure you're clear as to your facts so the judge will do such a thing.
Did you have any other questions for me?
Yes, you would need to petition the court to have the felony charge removed. You could argue that it was a mistake by the prosecution to even charge you with that and you should explain that they immediately dropped it to a misdemeanor.
Good question. I'd get some 28-line pleading paper (usually a Microsoft Word template) and then write down that this is a petition under the statute I cited earlier. You will want to give the judge a quick timeline of your situation and then in your "prayer for relief" at the end of your paper, you can request that they expunge the charge. You file it in the court where the charge was and wait for the judge to enter an order. It is possible a judge may call a hearing to hear from you directly, but it's unlikely. Did you have any other questions for me?
The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.