Bill would erase records for underage drinkers

IOWA CITY - Police Chief Sam Hargadine says a proposed change in Iowa law to allow young adults charged with alcohol possession to have their convictions erased won't change his department enforcement of alcohol-related offenses.

However, Hargadine supports the proposal, which is being considered by the Iowa House Judiciary Committee to establish a way for convictions of young adults 18 to 21 for alcohol possession and purchasing charges to be erased or expunged.

“I think there are some circumstances that there ought to be a way to have something expunged as long as they have done everything the court has required,” Hargadine said.

Under House Study Bill 553, two years after conviction for public intoxication, possessing, purchasing, or attempting to purchase alcohol under legal age and for similar local ordinances a person may petition the court to expunge the record of the conviction. To have the convictions erased, however, the person must not have had other criminal convictions other than simple misdemeanor violations during the two years.

The charges are status offenses, Hargadine said. They're illegal at 18 or 19, but legal at 21.

“Should we penalize someone for rest of life for the fact they got popped when they were 18?” he said.

The Iowa City police wrote 818 citations for possession of alcohol under the legal age (PAULA) in the first 11 months of 2009. Since 2004, the department has cited between 879 and 1,697 18- to 21-year-odds for PAULA, according to department records.

It's not as if young adults would get off scot-free under the proposed change, according to Jeff Shipley, University of Iowa student government liaison to the Iowa City Council. They would still face a fine.

Underage alcohol use may be a medical and social problem, Shipley said, but it's not a criminal problem. It shouldn't follow a person into adulthood and affect their ability to get a job or qualify for federal programs, he said.

“There's still the financial punishment, so that's a disincentive,” said Shipley, a senior who was ticketed for underage drinking his first week at the UI. “I was just standing in a bar trying to rush a frat and got a $300 ticket.”

“There are too many people coming out of school with criminal records,” Shipley said. “A lot of people think police resources could be better allocated.”

The proposed change recognizes the “consequences of a strict prohibitionist policy,” he said.