Iowa PAULA / MIP

Iowa MIP

IOWA MIP – Minor in possession of alcohol Expunge Records. Were you ever convicted of or even just arrested for possessing alcohol before you were 21? Expunge MIP records now.

Minor in possession of alcoholDid you drink when you were in college?
Were you ever convicted of or even just arrested for possessing alcohol before you were 21?
You have a criminal record! In Iowa these records are among the easiest to erase (expunge). Take the Free Eligibility Test to find out whether you can clear your record.

It’s Worth the Effort

Have you been arrested or convicted for a misdemeanor crime in Iowa? The law in Iowa provides for the expungement of records including:

  • Minor in possession of alcohol (MIP — applies to people under age 18;
  • Possession of alcohol under the legal age (PAULA — applies to people 18 or older but under age 21);
  • Public intoxication; and
  • Certain juvenile delinquencies and cases that resulted in a deferred judgement.

The U.S. Department of Justice defines what distinguishes misdemeanors from other crimes through a list of examples.

Misdemeanors include offences such as minor assaults, simple possession of controlled substances, some tax law violations, disorderly conduct, disorderly intoxication, indecent exposure and other offences. The records for some of these crimes are eligible for expungement in Iowa. The process can take a little time and a little money to complete, but it’s worth it.

A sophomore Virginia Tech student, who preferred to remain anonymous, decided to expunge his offences for being drunk in public and under-age possession of alcohol to prevent any problems with employers in the future. “[I’m expunging it] just to have it completely cleared off and be able to have a clean slate still and so jobs won’t see it,” he said. [Resource]

In Nevada, a person convicted of a misdemeanor could potentially face over 200 federal and state consequences as a result of their conviction, many of which bar employment and licenser for certain fields, according to an American Bar Association database. In all, there are over 45,000 state and federal consequences for convictions. “It affects housing rights, access to loans, family rights and a whole realm of things. It’s often called the secret sentence or the silent punishment.” [from article above]

If you were arrested for certain misdemeanors when you were under age 18, you might be eligible for expungement. To find out, take our free eligibility test

Let’s Party

Let’s have a party! A few drinks? Of course. Post some photos on your Facebook profile? Why not? Show your friends what you’re up to.

“A 2009 CareerBuilder survey of over 2,500 employers found that forty-five percent admitted routinely screening applicants by accessing social networks that the prospective employees think are “private.” What many students seem not to realize is that those party pictures will follow them well beyond the college years.” [Resource.]

And if you’re arrested? Even just for minor offenses such as underage drinking, possession, open container, driving under the influence, using a false ID, or disorderly conduct? In addition to problems down the road finding employment, it can even affect your future as a student:

“In spite of non-discrimination laws, you might be screened out of future employment, study abroad, and graduate education opportunities based on a review of your records. A record check might also be used by international study programs, graduate programs, rental agencies, lenders, and insurance providers to make a decision about you.” [from the article above]

How about hosting a party? Read this for the potential fallout: [expungementrights.com/can-hosting-a-party-be-a-misdemeanor/].

The identity you are building today will follow you for the rest of your life. If you have an arrest record, expungement can get it out of your life. Take our free eligibility test

 

PAULA / MIP (The Law)

The law requires a two year wait period before expunging these records. You must also file a proper petition and serve the appropriate parties depending on the prosecuting attorney’s office. Expungement of PAULA and MIP convictions is governed by Iowa Code section 123.47, which reads:

Section 123.47 Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older
1. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.

2. A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person´s employment by a liquor control licensee, or wine or beer permittee under this chapter.

3. a. A person who is eighteen, nineteen, or twenty years of age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:

(1) A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.

(2) A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person´s motor vehicle operating privileges for a period not to exceed one year.

(3) A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the person´s motor vehicle operating privileges for a period not to exceed one year.

b. The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A, of an equivalent value to the fine imposed under this section.

c. If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.

4. Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.

5. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.

6. A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony.

7. Upon the expiration of two years following conviction for a violation of subsection 2 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 2, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 3 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.

[C35, §1921-f43; C39, §1921.043; C46, 50, 54, 58, 62, §123.43; C66, 71, §123.43, 125.33; C73, 75, 77, 79, 81, §123.47] 85 Acts, ch 32, §37; 92 Acts, ch 1231, §8; 94 Acts, ch 1105, §1; 94 Acts, ch 1172, §2; 95 Acts, ch 191, §3; 97 Acts, ch 126, §2; 99 Acts, ch 153, §1; 2005 Acts, ch 105, §1; 2010 Acts, ch 1071, §2; 2010 Acts, ch 1128, §2 Section amended.