from the Iowa District Court for Winnebago County, Karen
Kaufman Salic, District Associate Judge.
defendant appeals the district court's denial of his
second application to expunge the record of a criminal case.
REVERSED AND REMANDED.
A. Thompson of Newman Thompson & Gray P.C., Forest City,
J. Miller, Attorney General, and Katie M. Krickbaum,
Assistant Attorney General, for appellee.
Considered by Vaitheswaran, P.J., and Potterfield and Tabor,
Doe appeals the district court's denial of his second
application to expunge the record of a criminal case. Doe
maintains the court should have granted his second
application because a recent decision by our supreme court,
State v. Doe, 903 N.W.2d 347, 351 (Iowa 2017),
establishes that the district court's denial of his first
application was in error. The State responds that even if Doe
was properly entitled to relief in his first application,
claim preclusion prevents him from obtaining relief by filing
a second application.
Background Facts and Proceedings.
March 1, 2015, Doe was charged with operating while
intoxicated (OWI), second offense, in case number OWCR******
On the same day, under a different case number, Doe was
charged with domestic abuse assault (case number SMCR******).
March 10, the State filed a motion to dismiss the OWI charge,
stating "there is insufficient evidence to prove that
defendant was operating a motor vehicle and/or that he was
under the influence of alcohol and/or controlled substances
while operating a motor vehicle." That same day, the
district court dismissed the charge.
April, the State asked the court to amend the charge of
domestic abuse assault to a charge of simple assault. In
support of the motion, the State said:
[T]he victim in this matter is currently living with
Defendant and would like to see this case resolved without
going to trial. Further, the evidence in this case would
support a finding that Defendant hit a cell phone out of the
victim's hand, and a requirement for Defendant to
complete the Batterers' Education Program for this
incident is unnecessary.
entered a guilty plea to the amended charge and was sentenced
to a term of incarceration of fourteen hours.
year later, in August 2016, Doe filed a petition to have the
record of the OWI charge in case OWCR****** expunged. The
district court denied the petition without a hearing, ruling,
"A dismissal or acquittal did not enter for every
criminal charge in the criminal case and therefore
expungement is not ...