Last updated: October 12, 2026

I. Loss & restoration of civil/firearms rights

A. Vote and Office

Under the Iowa Constitution, persons convicted of an “infamous crime” (any crime punishable by imprisonment in the penitentiary, which may include aggravated misdemeanors as well as felonies) are ineligible to vote or hold public office. Iowa Const. art. II, § 5; see Iowa Code § 48A.30(d). The rule in Iowa has been that “[a]ny crime punishable by imprisonment in the penitentiary is an infamous crime.” State ex rel. Dean v. Haubrich, 248 Iowa 978, 980 (1957). In 2016, the Iowa Supreme Court upheld the state’s policy of lifetime disenfranchisement of anyone convicted of any felony as being consistent with the state Constitution. See Griffin v. Pate, No 15-1661 (June 20, 2016). Two years earlier, the court held that repeat DWI, an aggravated misdemeanor carrying a potential prison term, was not an “infamous crime” so as to constitute a bar to eligibility for office. See Chiodo v. Section 43.24 Panel, No 14-0553 (April 15, 2014). However, the court stressed that the category of “infamous crime” was broader than “felony.”

Restoration of the vote and office eligibility by executive order: On August 5, 2020, Governor Kim Reynolds issued Executive Order No. 7, restoring the right to vote and hold office automatically to any person who has “discharged his or her sentence upon completion of any term of confinement, parole, probation, or other supervised release for all felony convictions.” To qualify for restoration a person must have completed parole, probation, and “completed repayment of court costs, restitution, and fines or must be current on a payment plan.” https://governor.iowa.gov/services/voting-rights-restoration. Thus, a person is restored even though they have not fully paid restitution and other court debt, but the order does not discharge it. The order also undertakes to continue to restore these rights to each newly eligible person “on a daily basis.” Governor Reynolds’ order specifically also restores the vote to those convicted of federal and out-of-state offenses.¹ Those disqualified by virtue of a homicide conviction are excepted from the order and may regain the right to vote only by applying directly to the office of the governor. See Iowa Code § 914.2. The application form is available here.

Persons who completed their sentences prior to July 4, 2005, were restored to the vote automatically by action of Governor Vilsack’s Executive Order 42. ²

Governor Reynolds has supported efforts to amend the state constitution to restore voting rights to most convicted individuals, but efforts in the legislature to accomplish this in 2020 came to naught, resulting in her issuance of the executive order described above.

B. Jury

Persons who have been convicted of a felony are not rendered ineligible for jury service, but may be challenged for cause. Iowa R. Civ. P. 1.915(6)(a); Iowa R. Crim. P. 2.18(5)(a).

C. Firearms

Restrictions: Felony convictions or adjudications, or convictions for misdemeanor domestic violence render an individual ineligible to possess any firearm. Iowa Code §§ 724.26(1), (2)(a), 2(c). These disqualifications also apply to permits to carry and the acquisition of pistols or revolvers. §§ 724.8(4), 724.15(2)(b). A person also cannot be issued a permit to carry if convicted within the previous three years of “any serious or aggravated misdemeanor defined in chapter 708 not involving the use of a firearm or explosive.” § 724.8(5).

While no statute specifically addresses the issue, the pardon information on the governor’s website states that a person is disqualified from possessing firearms only while serving the terms of a deferred judgment (“withhold of adjudication”). See Iowa Code §§ 907.9(4)(a), (4)(b).

Restoration: A person is no longer disqualified if granted a pardon by the governor, chief executive of another state, or the President of the United States; if civil rights have been restored; or if the disqualifying offense has been expunged. Iowa Code §§ 724.27(1)(a), (b), (c). It is the current governor’s policy to restore firearms rights via a “special restoration of citizenship” five years after completion of sentence, or by pardon after a ten-year waiting period. Only a pardon will remove the prohibition based on a misdemeanor crime of domestic violence. The governor’s website includes information about applying for firearms restoration, as does the website of the Board of Parole. Those with convictions in federal court or from other states are ineligible for Iowa relief and must regain rights where they were convicted. Persons convicted of forcible felonies, weapons offense, or drug offenses involving weapons, are ineligible to have their firearms rights restored, presumably even by pardon. Iowa Code § 914.7(1). Those under the age of 17 who are convicted of an aggravated misdemeanor involving a firearm or a felony are similarly ineligible for restoration. § 914.7(2).

Historical note: Iowa law on restoration of firearm rights has a special place in the development of federal firearm laws. In 1983, the Supreme Court held that a guilty plea and deferred sentence that was expunged under the Iowa deferred adjudication scheme did not relieve the defendant of federal firearm disabilities. See Dickerson v. New Banner Institute, 460 U.S. 103 (1983), superseded by 100 Stat. 449 (1986), as recognized in Logan v. United States, 552 U.S. 23, 27-28 (2007) (citing 18 U.S.C. § 921(a)(20)). Congress subsequently amended the Federal Firearms Act to give effect to state relief provisions, including set-aside and expungement provisions. See 18 U.S.C. § 921(a)(20).

II. Pardon policy & practice

A. Authority

The governor has the authority, except in cases of treason or impeachment, to grant reprieves, commutations, and pardons, after conviction, “subject to such regulations as may be provided by law.” Iowa Const. art. IV, § 16; accord Iowa Code §§ 914.1-914.7. Application for clemency may be made at any time either to the governor, or to the Board of Parole which is charged by statute with giving the governor non-binding recommendations in pardon and restoration cases. Iowa Code § 914.2.³ By statute, the Board shall “recommend to the governor” the pardon or restoration of rights “for persons who have by their conduct given satisfactory evidence that they will become or continue to be law-abiding citizens.” Iowa Code § 914.3(1). Every two years, the governor must report to the legislature on pardons issued, “and the reasons therefor . . . .” Iowa Const. art. IV, § 16. The pardon power includes the power to restore rights of citizenship, including to someone with a federal or out-of-state conviction. See State ex rel. Dean v. Haubrich, 83 N.W.2d 451, 455-56 (Iowa 1957).

B. Administration

The Iowa Board of Parole consists of five members, including a chairperson and vice chairperson, appointed to staggered four year terms appointed by the governor subject to senate confirmation. Iowa Code § 904A. According to Iowa Code Chapter 904A.5, “The chairperson of the board of parole is responsible directly to the governor. The board of parole is attached to the department of corrections for routine administrative and support services only.”

1. Pardon

Applications for pardon may be submitted directly to the governor. However, the Board of Parole “shall” periodically review applications for pardon and make recommendations to the governor for all applications by persons convicted of criminal offenses. Iowa Code § 914.3(1). However, the governor’s power to pardon and restore rights of citizenship “shall not be impaired” by this administrative scheme. Iowa Code § 914.1; see State v. Duff, 122 N.W. 829 (Iowa 1909) (statute authorizing board to parole prisoners does not confer power upon the board to reprieve or pardon and hence does not violate the constitutional provision granting such power to the governor).⁴ In addition, the board “shall, upon request of the governor, take charge of all correspondence in reference to an application filed with the governor” and provide the governor with advice and recommendation concerning “any person for whom the board has not previously issued a recommendation.” § 914.3(2). The governor is required to respond to recommendations of the Board within 90 days; they must “state whether the recommendation will be granted and shall specifically set out the reasons for such action.” § 914.4.

Applications for a pardon may be submitted “at any time following the conviction,” Iowa Code § 914.2, though it is the general policy of the governor’s office to require at least ten years to pass from the date that a person is discharged from the sentence of that person’s most recent conviction before granting a pardon. See Pardons & Commutations, Governor Kim Reynolds. Individuals who received deferred judgments are not eligible for pardons. Id. Federal and out-of-state offenders are not eligible for pardon. Id. Denied applicants may reapply at any time. Executive Clemency Manual, State of Iowa Board of Parole.

The governor’s website states that a full pardon relieves all legal disabilities (including public employment disabilities); it “will not erase or expunge the record of conviction, but is placed on a criminal background sheet and relieves an individual from any further punishment imposed by reason of that conviction.” See also Slater v. Olson, 299 N.W. 879 (Iowa 1941) (invalidating a statute barring pardoned persons from civil service positions, on ground that it encroached upon the governor’s constitutional powers). A pardon also restores firearms rights, including for those ineligible to apply for solely a restoration of firearms rights. Pardons & Commutations, Governor Kim Reynolds; see also Executive Clemency Manual, State of Iowa Board of Parole.

2. Restoration of Firearm Rights

There is a special process for restoration of firearms rights outside of the pardon process, sometimes referred to as a “Special Restoration of Citizenship.” See Executive Clemency Manual, State of Iowa Board of Parole.

According to the Pardons & Commutations page of the Governor’s website, “The Governor has the authority to restore firearms rights for most non-serious convictions in Iowa courts.” There is generally a five-year waiting period following discharge of sentence before restorations of firearms rights will be granted. Id. Federal and out-of-state offenders are not eligible for firearms rights restoration. Id. Convictions for felony weapons violations (as defined by Iowa Code Chapter 724), controlled substance felonies involving a firearm (Ch. 124), and “forcible felonies” (§ 702.11: felony child endangerment, most felony assaults, murder, most felony sexual abuse offenses, kidnapping, robbery, human trafficking, first-degree arson, and first-degree burglary) are not eligible for restorations of firearms rights. Iowa Code § 914.7. Applicants with domestic abuse convictions, or those who were originally convicted of domestic abuse are not eligible to apply for restorations of firearms rights, but must apply for a pardon in order to restore firearms rights. Executive Clemency Manual, State of Iowa Board of Parole.

3. Restoration of Civil Rights:

Restoration of the right to vote and hold public office is handled by the Office of the Governor, through submitting an Application for Restoration of Voting Rights (and the Right to Hold Public Office). See Voting Rights Restoration information on the Governor’s website (accessed June 16, 2026). On August 5, 2020 Governor Kim Reynolds issued Executive Order No. 7, restoring the right to vote and hold office automatically to any person who had “discharged his or her sentence upon completion of any term of confinement, parole, probation, or other supervised release for all felony convictions” prior to the date of issue, except those convicted of violations of chapter 707 of the Iowa Code (“Homicide and Related Crimes”). According to her website, since this date she has, on a daily basis, restored the rights of citizenship to all individuals who have discharged their sentence automatically and immediately, with the same exception for chapter 707 violations. Those convicted under chapter 707 may apply for a restoration of voting rights (and the right to hold office) using the application form available on the Governor’s website. Out-of-state and federal offenders are eligible for restorations of citizenship, and they are included in the automatic process established through Executive Order No. 7 and the following daily restorations. See Voting Rights Restoration, Governor Kim Reynolds.

For those sentenced to probation, upon discharge the sentencing judge “shall forward to the governor a recommendation for or against restoration of citizenship rights . . . .” § 907.9(4)(a). A list of the persons whose rights have been restored must be delivered to the state registrar of voters at least once each month. § 914.6(3). According to the Governor’s website, “While it should not ordinarily be needed, any daily certificate [issuing a restoration of citizenship for those discharged on or after August 5, 2020] is available from the Office of the Governor.”

D. Process

1. Pardon & Firearm Restoration:

A joint Application for Pardon and/or Restoration of Firearm Rights is available on the Governor’s website. By statute, an application for pardon may be filed with the Board or directly with the governor. Iowa Code § 914.2. Applications filed with the governor may also be reviewed by the Board, at the governor’s request. § 914.3(2). According to the Governor’s website,

Once your application is submitted to the Iowa Board of Parole, it is reviewed by administrative staff at the Board. The application may then be forwarded to the Division of Criminal Investigation (DCI) for a full review. During this time, you and other individuals you know may be contacted to verify the information provided in your application is correct. The full Iowa Board of Parole will then review your application and submit a recommendation to the Governor. The Governor then reviews the completed application and the Board of Parole’s recommendation when making a final decision on the application.

The Board “shall recommend to the governor the reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of the rights of citizenship for persons who have by their conduct given satisfactory evidence that they will become or continue to be law-abiding citizens.” Iowa Code § 914.3(1); see also Iowa Admin. Code Rules 205-13.3–205-13.4. For violent crimes, notice of application for pardon must be given to registered victims. § 915.19. All recommendations made by the Board must be acted on by the governor within 90 days; “If the governor does not grant the recommendation, the recommendation shall be returned to the board of parole and may be refiled with the governor at any time.” § 914.4. The process for executive clemency “may take approximately two years from the date the applicant submits an application to the Board of Parole.” Executive Clemency Manual, State of Iowa Board of Parole.

The process for a restoration of firearms rights appears to follow a similar process to the pardon application process. More information is available in the Executive Clemency Manual published by the Board, as well as on the websites of the Governor and Board.

2. Restoration of Civil Rights:

Under Executive Order No. 7 and through Governor Kim Reynolds’ daily blanket restorations of citizenship, the process for a restoration of civil rights is automatic for almost all offenders. See Section C, above. Only those convicted of violations of chapter 707 of the Iowa Code (“Homicide and Related Crimes”) are not eligible for automatic restoration. Executive Order No. 7 & Gov. Reynolds’ website. Those convicted under chapter 707 may apply for a restoration of voting rights (and the right to hold office) using the application form available on the Governor’s website. A list of the persons whose rights have been restored must be delivered to the state registrar of voters at least once each month. § 914.6(3). According to the Governor’s website, “While it should not ordinarily be needed, any daily certificate [issuing a restoration of citizenship for those discharged on or after August 5, 2020] is available from the Office of the Governor.”

E. Frequency of Grants

By 2023, Governor Kim Reynolds (2017-) had granted 55 pardons during her tenure. See Erin Murphy, “Gubernatorial pardons increase under Iowa Gov. Kim Reynolds, but commuted sentences remain rare,” The Gazette (September 4, 2025). Governor Terry Branstad (2011-2017) issued 26 total pardons while in office. Id. Governor Chet Culver (2007-2011) issued an average of about 24 pardons annually. Id.

The Annual Reports of the Iowa Board of Parole contain statistics on the number of firearm restorations and pardons sought and recommended favorably. The 2025 Report of the Board of Parole reveals that, between 2023-2025, the Board considered 280 applications for pardon, recommending 55 pardon applications favorably (about 20%). In the same period, the Board considered 384 applications for firearm rights restoration (210 of which were also applications for pardon) and recommended granting firearm rights in 177 of these applications (about ½ of applications). There is no indication how many of these affirmative recommendations were granted by the Governor.

H. Contact

Iowa Board of Parole
510 E 12th Street, Suite 3
Des Moines, IA 50319
(515) 725-5757
Online Contact Form

III. Expungement, sealing & other record relief

A. Misdemeanor expungement

In 2019, Iowa enacted its first authority to expunge conviction records. SF 589 (signed May 16, 2019) enacted a new Iowa Code § 901C.3 providing for expungement of a single misdemeanor conviction if at least eight years have passed since conviction, the defendant has no pending criminal charges, has not been granted more than one deferred judgment, and has paid all court costs, fees, fines, restitution, and any other financial obligations ordered by the court or assessed by the clerk of court. A lengthy list of ineligible crimes includes weapons offenses, misuse of public office, weapons offenses, livestock abuse, and a variety of violent or sexual offenses. See Iowa Code § 901C.3(2). A person may be granted only one expungement, unless more than one charge arose out of the same incident. See § 901C.3(3). Expungement limits public access to the court record, as well as to records of the Department of Public Safety.

Iowa is one of two U.S. jurisdictions that has no record relief provision specifically available to survivors of human trafficking convicted as a result of being trafficked (the other state is Alaska).

B. Deferred adjudication and expungement

For most offenses (excluding forcible felonies, certain sex offenses, and other listed offenses), if the person was not previously convicted of a felony, and has not had any prior deferred adjudications—or had only one previously and it was more than five years prior to this offense—the court may defer judgment and place the defendant on probation. Iowa Code § 907.3(1). If a case qualifies for disposition under section 907.3, a defendant is entitled to be considered for deferred judgment. See State v. Johansen, Nos. 6-451, 05-1106, 2006 WL 1751285, at *1 (June 28, 2006).

At any time, if the court determines that the purposes of probation have been fulfilled and fees have been paid, the court may order the discharge of a person from probation. § 907.9(1). If the defendant is discharged from probation, no conviction occurred in strict legal sense because no adjudication of guilt was made. State v. Farmer, 234 N.W.2d 89, 92 (Iowa 1975); accord Daughenbaugh v. State, 805 N.W.2d 591, 597 (Iowa 2011). Upon successful completion of probation, “the court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person . . . .” § 907.9(4)(a). In addition, a person who has been discharged from probation “shall no longer be held to answer for the person’s offense,” id. and “the court’s criminal record with reference to the deferred judgment shall be expunged,” § 907.9(4)(b). The court’s record “shall not be expunged in any other circumstances, unless authorized by law.” Id.; see Op. Iowa Att’y Gen. No. 75-9-11, 1975 WL 368808 (Sept. 10, 1975) (“expungement” refers only to that part of the court’s criminal record “with reference to the deferred judgment” and there is no authority for expunging the docketing or indexing of the case, the defendant’s name, the charge filed or the plea). See also Part I on the Supreme Court’s holding in Dickerson v. New Banner Institute.

Expunged records are “segregated in a secure area or database which is exempted from public access.” Iowa Code § 907.1. However, a deferred judgment that has been expunged may be used to enhance punishment for a subsequent offense. State v. Moore, 569 N.W.2d 130, 131-32 (Iowa 1997). Convictions expunged under this authority count as prior convictions under the U.S. Sentencing Guidelines. See United States v. Townsend, 408 F.3d 1020, 1025 (8th Cir. 2005) (concluding that “Iowa state-court conviction for third-degree burglary was not expunged due to constitutional invalidity, innocence, or a mistake of law . . . [i]nstead, the conviction was exempted from public access to permit [defendant] Townsend a clean start and to restore some civil rights”).

C. Expungement of non-conviction records

Iowa is one of three U.S. jurisdictions that has no record relief provision specifically available to survivors of human trafficking convicted as a result of being trafficked (the other states are Alaska and Minnesota). Legislation establishing such a mechanism came close to enactment during the 91st General Assembly, with the House and then Senate committee passing HF2696 unanimously. However, the bill was not brought to a vote before the Senate adjourned on April 21, 2026. The expungement relief proposed in HF2696 reflected a relatively expansive approach to eligibility, available at any time after victimization ended, allowed for filing in any Iowa court, applied to all case dispositions, and excluded only a limited category of serious violent offenses from eligibility.

D. Expungement of non-conviction records

Effective January 1, 2016, “upon application of a defendant or a prosecutor in a criminal case, or upon the court’s own motion in a criminal case, the court shall enter an order expunging the record of such criminal case” when “[t]he criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.” Iowa Code § 901C.2(a)(1). All “court costs, fees, and other financial obligations ordered by the court or assessed by the clerk” in the particular criminal case sought to be expunged must be paid, including the cost of indigent counsel. § 901C.2(a)(2). See State v. Doe, 927 N.W.2d 656 (Iowa, 2019); Doe v. State, No. 19–1402 (Iowa, May 22, 2020) (clarifying that the legal financial obligation requirement only applies to amounts incurred in the case sought to be expunged). No application may be made until 180 days after disposition, “unless the court finds good cause to waive this requirement for reasons including but not limited to the fact that the defendant was the victim of identity theft or mistaken identity.” § 901C.2(a)(3). All parties must have had time to object that eligibility has not been established. The court is required to advise the defendant of this option. §§ 901C.2(b)(1), (5).

This authority does not apply to charges dismissed pursuant to a deferred adjudication agreement under Iowa Code § 907.9 (see above).

Same definition of expungement as for deferred adjudication under § 907.4. See also Iowa Code § 692.17(1): “Criminal history data in a computer data storage system shall not include arrest or disposition data or custody or adjudication data after the person has been acquitted or the charges dismissed . . . .”

E. Juvenile records

Confidentiality: Adjudication records in delinquency proceedings arising on or after July 1, 2016 are presumptively confidential if they do not involve a forcible felony offense. Iowa Code §§ 232.147(3), 232.149B(1) (amended and enacted by 2015 SF 2288). Forcible felony records may be treated as confidential if, upon petition, the court finds that the juvenile’s interest in making the records confidential outweighs the public’s interest in the records remaining public. § 232.149A(1). Confidential records are not available to the general public but remain available to law enforcement, county attorneys, and military recruiters, among others. §§ 232.147(3), 232.149A(3). For non-forcible felony offenses, presumptively confidential records may be made public while the juvenile court holds jurisdiction if the court finds, upon a motion by the court or anyone else, any of the following: that the public interest in disclosure outweighs the juvenile’s interest in confidentiality; that, in certain “youthful offender” cases, jurisdiction will be transferred to district court upon the juvenile’s 18th birthday; or the juvenile was subsequently charged with or adjudicated for a serious misdemeanor, aggravated misdemeanor, or felony. §§ 232.149B(2), (3). Records made public may be subsequently sealed under § 232.150, discussed below. § 232.149B(4).

Sealing: Sealing of juvenile records is governed by Iowa Code § 232.150(1). The court is required to schedule a sealing hearing two years after the last official action in a case or on the person’s 18th birthday, whichever is later. Id. For offenses other than aggravated misdemeanors and felonies, the court will seal upon a finding that the person is at least age 18; at least two years have elapsed since the last official action on the person’s case; there have been no subsequent felony or aggravated misdemeanor convictions; the person was not placed on youthful offender status, transferred to adult court, and sentenced for the underlying offense; and that the person was not adjudicated for an OWI (DUI). Id. Aggravated misdemeanors may be sealed upon application if they meet the same eligibility requirements (excepting the youthful offender and OWI criteria) and if sealing is in the best interests of the person and the public. § 232.150(1)(b). Unlike “confidential” records, sealed records “shall no longer be deemed to exist as a matter of law.” § 232.150(5). Courts and agencies shall respond to requests for sealed records that no such records exist. Id. “All agencies and persons having custody of [sealed records] shall send such records to the court issuing the [sealing] order,” and “all index references to sealed records shall be deleted.” Id.

Status of juvenile records at age 21: Criminal history data “shall not include custody or adjudication data, except as necessary for the purpose of administering chapter 692A, after the juvenile has reached twenty-one years of age, unless the juvenile was convicted of or pled guilty to a serious or aggravated misdemeanor or felony between age eighteen and age twenty-one.” Iowa Code § 692.17(1):

F. Certificate of Employability

In 2008, the Iowa legislature authorized the Board of Parole to develop and implement a “certificate of employability program” for certain formerly incarcerated persons on parole (no sex offenders), or no longer on parole but unemployed or underemployed. The purpose of the program is to “maximize the opportunities for rehabilitation and employability of a person and provide protection of the community, while considering the needs of potential employers.” Iowa Code § 906.19(2). In 2016, the Iowa Board of Parole promulgated new regulations, replacing the original petition-based discretionary process with an automated system based on objective criteria. Upon release, “the department of corrections shall issue a certificate of employability” to any individual who received parole, work release, or early discharge, and who successfully completed either the Department’s apprenticeship or the National Career Readiness Certificate and the life skills programs. Iowa Admin. Code § 205-9.3(906).

This certificate and other similar correctional certificates of relief are analyzed and compared in CCRC’s report “Positive Credentials That Limit Risk: A Report on Certificates of Relief” (June 2024).

Under rules promulgated by the Parole Board, a certificate may be presented to any public or private employer as evidence of rehabilitation “except where a mandatory forfeiture, disability or bar to employment is imposed by law and has not been removed by an executive pardon.” Iowa Admin. Code § 205-9.2(906)(1). When a certificate of employability is presented to a licensing agency, the agency “cannot deny a license based on the felony conviction or based on a lack of good moral character, unless the agency makes a determination that there is a direct relationship between the offense and the license sought or that the issuance of the license involves unreasonable risk to property or the safety and welfare of specific individuals or the general public.” § 205-9.2(906)(1).

The certificate was given effect under the general occupational licensing laws as revised in 2020: A conviction may be grounds for disqualification “if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession, and the appropriate licensing board, agency, or department does not grant an exception pursuant to subsection 4.” Iowa Code § 272C.15(1). Under § 272C.15(4), an agency “shall grant” a waiver to an individual “who would otherwise be denied a license due to a criminal conviction” if the individual is determined to be “rehabilitated” and an “appropriate candidate for licensure” based on a list of factors that include the nature and seriousness of the crime, the passage of time, and other mitigating or aggravating factors, including whether they have received a certificate of employability. (emphasis supplied).

After Iowa’s certificate program first took effect in 2009, over the next seven years “not a single inmate . . . completed the application form to get one.” Barbara Rodriguez, Iowa officials seek to help inmates with new certificate, Associated Press, July 17, 2016. The grant rate changed dramatically after the Board adopted regulations that replaced the petition-based system with an automated process: According to a record request filed by CCRC in 2024, between 2017 and 2022, Iowa issued 3,224 certificates, or an average of 535 each year, available at: https://ccresourcecenter.org/wp-content/uploads/2024/04/Iowa-Certificates-of-Employability-Statistics.pdf

IV. Criminal record in employment & licensing

A. Occupational licensing

In 2019 the legislature narrowed licensing standards for certain skills learned in prison. See Iowa Code §§ 103.6 et seq. (electrician and related licenses); 105.10 et seq. (for plumber, mechanical professionals, and contractor licenses).

In 2020, HF2627 enacted one of the most progressive occupational licensing laws in the nation: A new section to Chapter 272C of the Iowa Code to impose an unusually robust and license-specific “direct relationship” test on all but a few health-related licenses. Licensure may be denied only “if an unreasonable risk to public safety exists because the offense directly relates to the duties and responsibilities of the profession and the appropriate licensing board, agency, or department does not grant an exception pursuant to subsection 4.” Iowa Code § 272C.15(1). ⁵ Each covered board must provide a list of offenses that “directly relate[] to the duties and responsibilities of the profession,” § 272C.15(2), and may not deny a license based on non-conviction records or any finding that an applicant “lacks good character” or “suffers from moral turpitude.” § 272C.15(3).

Waiver of disqualification: Under the new section, an agency “shall grant” a waiver to an individual “who would otherwise be denied a license” because a criminal conviction is directly related if the individual is determined to be “rehabilitated and an appropriate candidate for licensure” based on a list of factors that include the nature and seriousness of the crime, the passage of time, and other mitigating or aggravating factors. § 272C.15(4). There is a rebuttable presumption that an applicant is “rehabilitated” five years after release from incarceration, unless the conviction was for certain violent or sexual crimes. In evaluating an individual’s rehabilitation, a board shall also consider whether a “certification of employability” has been issued, see Section III-E above, and any letters of reference. Id.

Preliminary determination: A prospective applicant may petition for a preliminary determination, for which a board may charge a fee of $25. § 272C.15(5). Grounds for denial must be in writing, and the applicant must be given an opportunity to appeal, and informed that evidence of rehabilitation will be considered on reapplication. The board’s findings on each criterion specified must be “sufficient for review by a court.” The board has the burden of proving direct relationship. An individual may be requested to submit a “complete criminal record,” which includes the complaint and judgment for each conviction. § 272C.15(6).

B. Fair change employment – negligent hiring liability

Limitation on negligent hiring liability: In 2019, SF 650 enacted Iowa Code § 671A.1 to prohibit suits against employers for the tort of negligent hiring based on their employment of a person with a criminal record, unless the person committed the crime “while performing duties substantially similar to those reasonably expected to be performed in the employment” and considering a test involving the nature and seriousness of the offense, the age of the person at the time of its commission, and the time elapsed since; or, if the conviction was for a lengthy list of crimes involving violence; or, if the negligent hiring suit involves the misuse of funds or property by the convicted person.

Prior to issuance of the executive order in 2020, persons with out-of-state convictions were permitted to regain their rights through the restoration procedures in their jurisdiction of conviction. At that time, the governor’s website on clemency provided that “If your voting rights were restored in the State where you lost your rights because of a felony conviction, your voting rights are restored.” According to the Office of the Governor, a person with an out-of-state felony conviction that did not result in disenfranchisement was considered to have had his rights “restored” and may vote in Iowa. Presumably, the “completion of sentence” terms in the 2020 executive order now govern restoration for all, without regard to restoration procedures in the jurisdiction of conviction.
Between 2005 and 2011, an executive order issued by Governor Tom Vilsack automatically restored the right to vote and to hold public office to offenders who had completed their court-imposed sentences. See Iowa Exec. Order No. 42, available at http://publications.iowa.gov/3762/1/EO_42.pdf. According to news accounts of Governor Vilsack’s action, the order restored the right to vote to some 80,000 persons then unable to vote in Iowa. His successor Chet Culver continued this automatic restoration policy, and rights were restored to offenders completing their sentences on a monthly basis (about 25,000 individuals over his four-year term). Governor Terry Branstad rescinded the Vilsack order on January 14, 2011, so requests for restoration of rights are again handled on a case-by-case basis by the Office of the Governor. See Iowa Exec. Order No. 70.
An exception is stated under section 902.2, which provides that persons sentenced to life in prison may apply for clemency “no more frequently than once every ten years.” This provision, enacted in 1995, was sustained against constitutional challenge under the ex post facto clause in Snodgrass v. Robinson, 512 F.3d 999 (8th Cir.), cert. denied, 555 U.S. 813 (2008). To the extent this provision appears to require the Governor to send applications for clemency to the Parole Board, it may be constitutionally problematic. See State ex rel. Gary R. Allison v. Vilsack, No. EQCV 018165.
The predecessor statute to section 914.3 did not require the governor to present a case to and obtain a recommendation from the Board of Parole before granting a pardon, and his failure to consult the board was challenged unsuccessfully in 2005 in the context of Governor Vilsack’s blanket restoration of voting rights to all persons who had completed their court-imposed sentences. See Iowa Exec. Order No. 70; see also Ruling on Mot. for Summ. J., State ex rel. Gary R. Allison v. Vilsack, No. EQCV 018165 (Oct. 27, 2005).
“Directly relates” is defined to mean that the “actions taken in furtherance of an offense are actions customarily performed within the scope of practice of a licensed profession” or the “circumstances under which an offense was committed are circumstances customary to a licensed profession.” § 272C.1(7).