What defines a Criminal Record in Iowa?
A criminal record is an official document that records a person’s criminal history. The information assembles local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county. The majority of Iowa criminal records are organized in online record depositories. they are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Iowa State Records Online Database. The amount of criminal records information presented on StateRecords.org will vary from person to person as well as what resources used to collect information. Different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes. Criminal records in the state of Iowa generally include the following subjects:
Iowa Arrest Records
An arrest record is an official document providing information about a person that questioned, apprehended, taken into custody, or placed in detention. You can be held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. In Iowa, a person arrested once they commit a misdemeanor amounting to as minor of an act as a breach of the peace or they commit a felony where there are reasonable grounds to believe they committed the crime.
Iowa Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. This authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. In Iowa. The police can arrest a person for committing a crime even without a warrant, Chapter 804: Commencement of Action
; in most cases, an arrest is performed without an arrest warrant when the person commits the crime in an officer’s presence, otherwise, for an arrest, the law enforcement officer will need to present an arrest warrant.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. However, like felonies, a misdemeanor charge is classified by a number-based system designed to describe the severity of the alleged crime.
In Iowa, misdemeanors are crimes that are punishable by up to two years in local or county jail, 903.1 Maximum sentence for misdemeanants.
Iowa is distinctive in this way; in the majority of states, misdemeanors are punishable by up to one year in jail. Misdemeanors in Iowa are designated as aggravated, serious, or simple.
A felony offense is a criminal conviction with a maximum sentence of more than 1 year. It is supposed to be served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. In Iowa, felonies are crimes that are punishable by incarceration in state prison for terms of two years or more, Criminal Offenses
. Felonies in Iowa are designated as class “A,” “B,” “C,” or “D”. Iowa is distinct from most other states because, in Iowa, misdemeanors (less serious crimes) are punishable by up to two years, rather than one year, in the county or local jail.
Iowa Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, and sexual assault. Judges are given discretion as to whether they need registration for crimes besides the charges listed under the sex offender registration law, Chapter 692a: Sex Offender Registry.
A judge may order an adult to register as a sex offender if the crime involves sexual motivation. In Iowa, a person commits the crime of sexual abuse (sometimes called sexual battery) by engaging in any sexual activity by force or against the victim’s will. Under Iowa law, sexual abuse is defined as any sex act committed against another by force or against the victim’s will. The victim may be unable to consent (whether because the victim is unconscious, or under the influence of a drug the induces sleep, or has a mental disability, or is a child under the age of 14). Violent sexual conduct may also be prosecuted as an assault (an act intended to cause pain, injury, or offensive physical contact, or place another in fear of pain or injury). For example, using any object to sexually penetrate another is a felony assault in Iowa.
Iowa Serious Traffic Violation
A serious traffic violation tends to involve willful disregard of public safety, death, and serious bodily injury. Also damage to property and multiple minor traffic violations. When convicted of a traffic violation, points are added onto your Iowa driving record. In addition, the Iowa Office of Driver Services (ODS) will suspend the driver's license if you're: a habitual traffic offender, and convicted of a serious violation.
Iowa Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded no contest against criminal charges in a civilian or military court. The criminal charges are a felony, misdemeanor or other offense. Conviction also includes a person judged delinquent, has been less than honorably discharged or has been placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by a jury of peers or a judge in a court of law. A conviction does not include a final judgment that is deleted by a pardon, set aside, reversed or otherwise rendered inoperative. Jail and Inmate Records
Iowa Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes passed inmate status. A person who is in jail or considered an inmate is someone who has been deprived of their civil liberties and is on trial for a crime or is serving, which maintains an inmate database that is often searchable online a prison sentence after being convicted of a crime.
These records often include the inmate’s name, incarceration date, expected the release date, convicted offense and sometimes photos.
Iowa Parole Information
Parole records are information about the provisional release of a prisoner who agrees to certain conditions before completion of the maximum sentence period. Iowa Code § 910.5 provides that if an offender is placed on parole, restitution shall be a condition of parole, Chapter 907B: Paroles & Work Release
. The restitution plan should be made considering the offender’s income, physical and mental health, education, employment, and family circumstances. Failure of the offender to comply with the restitution plan of payment including a community service requirement will constitute a violation of a condition of parole. After the expiration of offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court will constitute contempt of court.
Iowa Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Iowa to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer Chapter 907: Deferred judgment
. Probation is issued in proportion to the crime, so the length and nature of probation differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive – an intensive is a form of very strict probation that has conditions that vary from state to state but that emphasize punishment and control of the offender within the community.
Iowa Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not convicted of a crime like an adult but instead are found to be “adjudicated delinquent”. These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
Iowa History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the record keeping and technological capabilities of the jurisdiction. This is where the record assembles and later digitized. Iowa criminal records archive usually tend to go back as far as the 1970s. Criminal and arrest data started to be centralized and compiled into an organized database much like we use today. Accuracy was more commonly affected by human error in the past, but in the 1990s the quality and accuracy of record keeping improved exponentially due to the advent of the computer, so the information provides on StateRecords.org will vary from person to person.
Iowa Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government requires all states to set up sex offender registries and offer the public with information about those registered. In Iowa a person who convicted of any sex offense classified as a tier I, tier II, or tier III offense, or an offender required to register in another jurisdiction under the other jurisdiction’s sex offender registry, shall register as a sex offender as provided in this chapter if the offender resides, is employed, or attends school in this state, Chapter 692a: Sex Offender Registry
. A sex offender shall, upon a first or later conviction, register in compliance with the rules specified in this chapter, for the duration of time specified in this chapter, commencing as follows: from the date of placement on probation, from the date of release on parole or work release, from the date of release from incarceration, and from the date of conviction for a sex offense requiring registration if probation, incarceration, or placement ordered.