Iowa court records in dismissals, acquittals will remain online

Online court records must be maintained for defendants who have been acquitted of a crime or had charges against them dismissed, the Iowa Supreme Court ruled Friday.

The court said district courts in Linn and Polk counties acted illegally when they ordered cases be removed from online court records when charges were dismissed or defendants were found not guilty. By contrast, convicted defendants who receive deferred judgments and successfully complete probation may have their cases removed from the public record.

The Supreme Court acknowledged the inconsistencies in the law.

"Although the matter is not entirely free from doubt, because there appear to be conflicting statutory provisions, we conclude (the law) does not require removal of this information," the court wrote in its decision.

In both cases, defendants sought to have records of their arrests deleted from the state's online court system after charges against them were dismissed. Iowa's online court system allows public access to basic court records in each of the state's 99 counties. The public can obtain a password to get more detailed information.

The court said the issue goes beyond just those cases where charges have been dismissed or a defendant is found not guilty, and that it would have to include deferred judgments too.

"If that provision requires case information to be removed, it requires it to be removed for everyone," the court wrote.

The court said lawmakers could have concluded that denying public access to cases that ended in deferred judgments served the purpose of rehabilitation and provided incentives to defendants to meet the terms of their probation.

"On the other hand, the Legislature could have rationally concluded that denial of public access to dismissals and acquittals is not needed because the public can see for themselves that the charges were resolved in the defendant's favor," the court wrote.

The court also ruled that the defendants' rights under the state constitution's Equal Protection Clause were not violated.

Ray Sheetz, an attorney for the defendant in the Linn County case, questioned the court's reasoning.

"They say there is doubt about what they are saying," Sheetz said.

He also said even if charges against someone are dismissed, the stigma of an arrest lingers.

"That stigma will follow him when he applies for a job or moves to a new neighborhood," Sheetz said.

The court and Sheetz both noted how the rise of the Internet has increased public access to court records.

"Dockets have always been public records, but until the Iowa state court dockets became ... available online, it was not easy for the public to use them," the court wrote. "Now, one can learn of any person's past involvement with Iowa's court system by making a few mouse clicks and a few strokes at a keyboard."

Sheetz says the advent of online court records makes it an important case that affects "thousands and thousands of Iowans," noting that few people would be willing to travel to all 99 counties to find out if someone has been arrested.

"This system accumulates every single record in the state and puts them into one easily accessible place," he said. "You can find out if prospective employees, a new neighbor or your daughter's friend has ever been arrested."

The Iowa attorney general's office declined comment.

Michael Giudicessi, an attorney for the Iowa Freedom of Information Council, said the decision ensures continued public access to court records.

"The notion that all court records should be open is something we should work from," he said. "Anything that shuts down access should be looked at with suspicion and this puts a good line in the sand and says no, this statute doesn't apply to the court's records."

He said the erosion of public access would make it difficult for the public to know what is happening in the state's courts.

"It's hard to know without having the docket as a road map and the court made sure the docket will stay open," Giudicessi said.