In Iowa, expungement is based on the case number, not just the arrest date or the name of the charge.
Each case number typically requires its own expungement request. This is one of the most misunderstood aspects of Iowa expungement law.
If you were arrested for several things at the same time, the court may have split them into different case numbers, and each case number usually needs its own expungement request.
You were arrested and charged with possession and paraphernalia. The court assigned case number FECR123456 for the possession charge and SMCR123457 for the paraphernalia charge. Even though they're from the same arrest, you would need to file two separate expungement petitions.
This "case number rule" also means that if one count in a case was dismissed but another count in the same case ended in a conviction, you usually have to use the conviction statute instead of the dismissal statute.
This can be confusing for people trying to do it alone, which is one reason a guided process with an attorney can prevent mistakes and denials. Filing under the wrong statute means your petition will be denied.
Understanding the case number rule helps explain why our questionnaire asks for detailed case information. We need to review your exact case numbers to determine the correct expungement statute, calculate waiting periods accurately, and ensure we file everything properly the first time.
Our quiz and intake process identify all relevant case numbers and determine the right approach