Just wanted to follow up on this forum and say that I was able to get this charge expunged successfully without having to go through a lawyer. Each county in Iowa appears to do it slightly differently. For example, Black Hawk county seems to let you simply go to the office and fill out a quick form, but for Winneshiek (where I got mine), you need to come up with your own form and submit it.
The legal requirements for a possession of alcohol under legal age charge (paula) are basically that two years need to have passed since the charge without receiving another misdemeanor. I read through the Iowa guidelines for submitting a petition and some sample petitions found online, and wrote my own that worked in Winneshiek. This is what I used, and maybe this or a variation will work for other people who were in my situation. You may have to make some adjustments depending on the county, and some of the information may not even be necessary, or exactly what they're looking for, but it worked for me.
______________________________________________________________________________
Petition for Expungement
Winneshiek County Court
201 W Main St
Decorah, IA 52101
[Petitioner’s Name] vs. Winneshiek County
Petitioner’s Contact Information:
[Petitioner’s Address]
[Petitioner’s Phone number]
[Petitioner’s e-mail address]
1. This petition is to expunge police and court records, according to the criteria described in [123.47(7) is for expunging PAULA], relating to the following charge:
Case Number: ___
Date: ___
Violation #: [Insert violation number. 123.47(3)(a)(1) is for PAULA]
Citation Number: ___
2. Petitioner’s name and birth date at the time of citation is the same as the current name. Birth date: ___
Social Security Number: [Insert last four digits]
3. I have fulfilled all necessary terms of the violation, which consisted of a fine only. [If true]
4. This is the first offense I have received of this violation, or any other violation punishable by a misdemeanor or felony. I have not received any violations other than local traffic violations since [date of violation], including, but not limited to, misdemeanor and felony violations. [If true]
5. There is no proceeding involving any crime which is presently pending against me. [If true]
“I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct.
______________________ ______________________
Date Signature”
________________________________________________________________________________
Hope this helps!
