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The Supreme Court of Iowa determined that residents will be permitted to have eligible misdemeanors and related records expunged.

Whole File Expungements

In November 2025, Iowa’s Supreme Court reviewed statute § 901C.3 in the State Code, which covers expungement relief. The statute says that individuals with misdemeanors may have the “record of such a criminal case” expunged. However, it was not clear to everyone exactly what that meant.

The uncertainty was in regard to what all must be expunged, particularly if a case included more than one charge. This resulted in questions about whether multiple offenses listed in a criminal case should be expunged, or just a particular misdemeanor within that case.  For example, if a case included a misdemeanor and an offense that did not result in a charge, should everything be expunged or just the misdemeanor?

What The Court Determined

The decision that Iowa’s Supreme Court returned said:

• The statute calls for whole file expungement. Therefore, if a case involves an eligible misdemeanor and the person has fulfilled their related obligations (such as paying fines), then the court must expunge all records within that case.
• "Mixed file" expungements (as in: some of the files in a case are expunged but others are not) are contrary to the point of the statute.
• The statute is intended to fully clear a person’s record, thus offering them a second chance.
• If a case includes offenses that cannot be expunged, then no part of that case is eligible for expunction.

What Employers Should Know

Employers in Iowa should be aware that the court’s decision means residents will be able to have various records expunged. When that happens, organizations may not use those records to help them make any decisions about the consumer. The person who had the record may act as if it never occurred.

Every employer should know that second chance bills are becoming more common throughout the United States. These laws vary, but often:

• Create expungement opportunities for various types of records.
• Establish requirements regarding when a business may screen applicants during their hiring process.
• Specify that hiring managers must individually assess any convictions that are returned in a background report to determine whether they warrant an adverse action, such as denial of employment.

Working With A CRA

One of the best ways to avoid inadvertently reviewing records that have been expunged is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must go through a third-party audit and show that they follow reasonable procedures to only provide current, reportable records before they may become accredited.

Need Background Checks?

If your organization needs employment background checks for candidates, volunteers or contractors, please contact us. Backgrounds Online is an accredited CRA with more than 25 years of experience as a leader in the screening industry.

Our professional, service-oriented team can help you customize screening packages that suit your specific needs, comply with relevant laws and meet industry standards. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.