2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.200A - CONVICTIONS BASED UPON FRAUD.

        321.200A  CONVICTIONS BASED UPON FRAUD.
         1.  If a person discovers a record of conviction for a scheduled
      violation under this chapter was entered by fraudulent use of the
      person's name or by use of other fraudulent identification, the
      person may, within one year of the date of the discovery of the
      conviction, submit a written application to the department to
      investigate the allegation.  The department may summarily reject the
      application as submitted or proceed to investigate the application.
      If the department investigates the application, the department may
      either deny the application or, if the department determines the
      allegation is warranted, approve the application.  If the department
      investigates the application, the department shall also issue a
      report and findings with the decision of the department.  The
      rejection, approval, or denial of an application is not subject to
      contested case proceedings or further review as provided in chapter
      17A.  If the application is investigated, the department shall
      provide the applicant with a certified copy of the decision of the
      department.  If the department approves the application, the
      department shall also provide the applicant with a certified copy of
      the investigative report and findings.  The department shall also
      provide certified copies of the department's decision approving or
      denying the application together with the investigative report and
      findings to the appropriate prosecuting attorney in the city or
      county that prosecuted the scheduled violation and to the district
      court in the county that prosecuted the scheduled violation.  The
      department may electronically provide copies of any decision
      approving or denying the application and the investigative report and
      findings to the district court.
         2.  A person who discovers that a record of conviction for a
      scheduled violation under this chapter was entered by fraudulent use
      of the person's name or by use of other fraudulent identification may
      bypass the application process in subsection 1 and move in district
      court to set aside the judgment of conviction within one year of
      discovery of the conviction.  An applicant with an approved
      application under subsection 1 shall also move in district court to
      set aside the judgment of conviction in order to have the department
      expunge or alter the records of the department or rescind or modify
      an administrative sanction.  If the district court grants the motion
      to set aside the judgment, the district court shall order the
      charging agency or official to modify the records of the agency or
      official to reflect the order setting aside the judgment.  The clerk
      of the district court shall provide the court order setting aside the
      judgment, either by regular mail or electronic means, to the charging
      agency or official, and the department of transportation.  The clerk
      of the district court shall also provide the applicant with a
      certified copy of the court order at no cost to the applicant.
         3.  Notwithstanding the department's approval of an application
      pursuant to subsection 1, the department shall not expunge or alter
      the records of the department or rescind or modify an administrative
      sanction unless the department receives an order from the district
      court setting aside the previous judgment of the court as provided in
      subsection 2.  Upon receiving a copy of an order from the district
      court setting aside the previous judgment of the court, the
      department shall expunge the record and shall rescind any
      administrative sanction imposed upon the applicant as a result of the
      judgment, unless the applicant is subject to sanctions for other
      reasons.  The department may impose a new sanction if expunging the
      judgment would result in a lesser or different sanction.
         4.  The department shall adopt rules pursuant to chapter 17A to
      implement this section.  

         2009 Acts, ch 124, §2
         Referred to in § 811.9