The same advantages of public trial have been recognized by the Iowa Supreme Court. “Openness in court proceedings may improve the quality of testimony, induce unknown witnesses to come forward with relevant testimony, cause all trial participants to perform their duties more conscientiously, and generally give the public an opportunity to observe the judicial system.” Gannett Co. The common law “has long favored open judicial proceedings.” Wifvat, 328 N.W.2d at 922. This access right “may give way under rare circumstances to other rights and interests such as a defendant’s right to a fair trial or the government’s interest in nondisclosure of sensitive information.” State v. Wifvat, 328 N.W.2d 920, 923 (Iowa 1983) (noting also that this right is not absolute). Tips for covering courts in the jurisdictionĬase law has interpreted Article I, Section 7 of the Iowa Constitution as affording an independent right for the public and press to attend court proceedings. Cameras and other technology in the courtroomĬ. Interests often cited in opposing a presumption of accessī. Media standing to challenge third-party gag ordersĪ. Restrictions on participants in litigationĪ. Prohibitions on photographing or identifying juvenilesĮ. Juror identities, questionnaires and other recordsĭ. Warrants, wiretaps and related materialsī. Obtaining review of initial court decisionsĭ. Procedure for requesting access in civil mattersĭ. Procedure for requesting access in criminal casesĬ. Procedure for asserting right of access to proceedings and recordsī. Introduction: Access rights in the jurisdiction The value of online court records is undeniable, but an individual’s right to keep some matters private is important, too. Make the most of the opportunity provided by the legislature and take the necessary steps to remove these records from public view.Skip over table of contents to continue reading article Table of contents for Iowa Use Iowa Courts Online to locate the information for the motion including the case number, charges, dates and court costs. The completed motion should be filed with the appropriate Clerk of Court’s Office. The prosecution will have an opportunity to object if it believes one or more of the conditions has not been met. If there is no objection, the court will enter an order expunging the records. If all of these conditions are met, the defendant may file a motion that provides proof to the court that the case qualifies. The case is not related to the granting of a deferred judgment.The dismissal was not based on incompetency to stand trial or a finding of not guilty by reason of insanity.At least 180 days have passed since the finding of acquittal or of the order dismissing the case, unless the court finds good cause to waive the 180 day requirement.All costs, fees and other financial obligations ordered by the court or assessed by the clerk have been paid.All charges in the case were dismissed or there was a verdict of not guilty on all charges. This means defendants can’t expunge charges if they were found guilty or pleaded guilty on related charges.In order to qualify, the defendant has the burden of establishing that all of the following conditions have occurred: There are two main reasons. One, they are unsure if their case will qualify for expungement and, two, even if they qualify, they have no clue how to request it.
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