Like every other state, Iowa divides its crimes between misdemeanors and felonies. However, Iowa is the only state in the country in which misdemeanors can be punished by up to 2 years in jail. Normally, misdemeanors are punishable by a year or less in jail. Iowa has four classes of felonies, with Class A being the most serious. Class B felonies include:
Maximum and Minimum Sentences
Iowa has an open-ended sentencing range for crimes. For a Class B felony, the maximum prison term is 25 years. It is possible for courts to defer or suspend the sentence for a Class B felony, as long as the crime wasn’t a “forcible felony.” However, it is much more common for Class B felonies to receive enhanced penalties based on the specific circumstances of the crime.
Extended Sentences
While it is possible to avoid a prison sentence for a Class D felony, Iowa has many statutes on the books that can enhance the penalty for Class B felonies. For example, prior felony convictions can lead to more severe sentencing guidelines. A defendant accused of the Class B crime of sexual abuse in the second degree who has a prior sexual abuse conviction is sentenced under Class A guidelines. Other situations that trigger enhanced penalties include sexual predatory crimes, possession of weapons in weapon-free zones and disregarding school bus warning lights and stop arm signals. In some cases, aggravating circumstances include a forcible felony involving the use of a firearm, which disqualifies that defendant from parole considerations, or a defendant classified as a habitual offender.
Loss of Rights and Benefits
As soon as you are convicted you will lose the following rights in Iowa:
The right to serve on a jury is not automatically lost with a felony conviction in Iowa. However, that fact can be used by attorneys choosing juror. No civil rights lost in Iowa as a result of a felony conviction are automatically restored when the sentence and any fine or parole obligations are completed.
Employment and Housing with a Felony Record
One of the main issues with both potential employers and landlords is the concern that, as a felon, you will commit another crime. That could put the employer or landlord at risk for a civil lawsuit. There are some state and federal programs that provide bonding for employers willing to hire ex-felons. Experts recommend checking with state agencies, such as the Iowa Department of Labor, to find out about employers and landlords participating in re-entry programs that target individuals with criminal records.
Clearing Your Record
While expungement is available in some situations in Iowa, it cannot be used for most felony convictions, including Class B felonies. However, the most common way to restore civil rights lost by a felony conviction is by applying for a pardon to the governor. There are actually two options open to ex-felons: one is to request a pardon and the other is to request a Special Restoration of Citizenship Rights, which applies only to owning and possessing firearms. Iowa law allows anyone convicted of an “infamous crime” – which basically means any felony – to be eligible to apply for a Restoration of Citizenship Rights. There are few formal rules; however, the acknowledged policy of the governor’s office is for ex-felons to wait at least 5 years after completing their sentences to apply for the special restoration. For a pardon, the generally accepted waiting period is 10 years, assuming there has been no additional criminal activity since the completion of the sentence. The process can be time-consuming – often taking one to two years.
For more information on crimes in the state, consult Title 16 of Iowa’s Criminal Code and sentencing guidelines.
This article is for informational purposes only. If you need legal advice, you should visit an attorney.