Q: Can I expunge a charge from 15 years ago in Iowa?
Sept 2009 I was arrested along with other individuals due to us being in a park after hours. I was not even in my vehicle and 15 years later Im learning I have a $200 fine for an OWI and im ordered to complete 12 hour class for drinking and driving plus a substance class. I have lived and been able to renew my Illinois drivers license since 2010. I cannot renew them now in IL due to a PSDS on my license. How can Iowa charge me w an OWI that is impossible to commit while im not in my vehicle. And is there anything I can do to get this off my record. I just recently spoke with Illinois Secretary of State (while renewing my registration for my vehicle) and she said there was nothing holdi, ng me from getting my license. Today while trying to renew IL license the DMV informed me of this hold. This is absurb and mind blowing to think this is even accurate and justifiable.
A:
In Iowa, expunging a charge from your record depends on the type of offense and your criminal history. For OWI (Operating While Intoxicated) charges, Iowa law does provide for expungement under specific conditions, but generally, OWI convictions are challenging to expunge. If your case did not result in a conviction, or if it was a simple misdemeanor related to being in a park after hours, you might have a better chance at expungement, depending on the specifics of your situation and changes in the law since your arrest.
The situation you're describing, where you're facing repercussions for an OWI charge when you were not in your vehicle, suggests there might be a misunderstanding or error in your case. It's essential to gather all relevant documents, such as arrest records, court documents, and any correspondence with state departments, and review them carefully. This will help clarify the charges against you and the basis for the OWI allegation.
To address this issue, consider reaching out to the Iowa Department of Transportation or the court that issued the order for the fine and classes to inquire about the specifics of the charge and the steps necessary for resolution. It might also be helpful to contact a legal clinic or seek advice from an attorney who offers free consultations to understand your options for challenging the charge or seeking expungement. Documenting your efforts and any discrepancies in your case will be crucial in seeking a resolution.
A: You should direct this question to an Iowa lawyer. It does not implicate Illinois law. Illinois is simply following the interstate compact in requiring you to clear up any holds in other states.
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