As used in this chapter, unless the context otherwise requires:
1. “Deferred judgment” means a sentencing option whereby both the adjudication of guilt
and the imposition of a sentence are deferred by the court and whereby the court assesses a
civil penalty as provided in section 907.14 upon the entry of the deferred judgment. The court
retains the power to pronounce judgment and impose sentence subject to the defendant’s
compliance with conditions set by the court as a requirement of the deferred judgment.
2. “Deferred sentence” means a sentencing option whereby the court enters an
adjudication of guilt but does not impose a sentence. The court retains the power to sentence
the defendant to any sentence it originally could have imposed subject to the defendant’s
compliance with conditions set by the court as a requirement of the deferred sentence.
3. “Expunged” means the court’s criminal record with reference to a deferred judgment
or any other criminal record that has been segregated in a secure area or database which is
exempted from public access.
4. “Suspended sentence” means a sentencing option whereby the court pronounces
judgment and imposes a sentence and then suspends execution of the sentence subject to the
defendant’s compliance with conditions set by the court as a requirement of the suspended
sentence. Revocation of the suspended sentence results in the execution of sentence already
pronounced.
5. “Probation” means the procedure under which a defendant, against whom a judgment
of conviction of a public offense has been or may be entered, is released by the court subject
to supervision by a resident of this state or by the judicial district department of correctional
services.
[C79, 81, §907.1]
88 Acts, ch 1168, §2; 2005 Acts, ch 143, §3; 2012 Acts, ch 1054, §1, 4
Referred to in §901C.1
\n
Notes of Decisions
State of Iowa v. Brian Patrick Clemens, 903 N.W.2d 347 (Iowa 2017).
· cites it 3× “1 (stating that “unless the context otherwise requires, ‘expunge’ and ‘ex-pungement’ mean the same as expunged in section 907.1” (emphasis omitted)); id. § 907.”
State of Iowa v. Iowa Dist. Court for Story Cnty., 843 N.W.2d 76 (Iowa 2014).
· cites it 4× “2009) (defining adjudication as “the process of judicially deciding a case” and making no distinction between adult and juvenile proceedings); see also Iowa Code § 907.1 (1) (making no reference to limitation to juveniles in defining “deferred judgment” as “a sentencing option…”
State v. Thomas, 659 N.W.2d 217 (Iowa 2003).
· cites it 6× “§§ 907.1(1), 907.3(1). If the probation is successfully completed, the defendant is discharged and no judgment is entered.”
State of Iowa v. Richard Osmond McLachlan Jr., 880 N.W.2d 513 (Iowa Ct. App. 2016).
· cites it 4× “Therefore, the district court is — or was, if sentencing on the cocaine case has by now occurred, a fact not in our record on this appeal — not authorized to consider a deferred judgment under Iowa Code section 907.1. See Kurtz v. State, 854 N.”
State of Iowa v. Deng Kon Tong, 805 N.W.2d 599 (Iowa 2011).
· cites it 4× “Iowa Code § 907.1 (1). Thus, a deferred judgment qualifies as a conviction under the first definition but not under the second.”
Employers Mut. Cas. Co. v. Lacinda Ranee Van Haaften, 815 N.W.2d 17 (Iowa 2012).
· cites it 2× “Iowa Code § 907.1 . It can be argued a deferred judgment is written in disappearing ink because, upon successful completion of the conditions set by the court and payment of fees, the defendant is discharged “without entry of judgment.”
Schilling v. Iowa Dep't of Transp., 646 N.W.2d 69 (Iowa 2002).
· cites it 4× “Iowa Code section 907.1 defines deferred judgments and deferred sentences: As used in this chapter, unless the context otherwise requires: 1.”
Michael Anderson v. State of Iowa, 801 N.W.2d 1 (Iowa 2011).
· cites it 2× “§ 907.1(2). The court retains discretion to impose any sentence it originally could have imposed if the defendant fails to comply “with conditions set by the court as a requirement of the deferred sentence.”
State of Iowa v. Anouhak Anna Keutla, 798 N.W.2d 731 (Iowa 2011).
· cites it 2× “Iowa Code § 907.1 (1). Upon a guilty plea or verdict, and with the defendant’s consent, “the court may defer judgment and may place the defendant on probation upon conditions as it may require.”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999).
· cites it 2× “Iowa Code § 907.1 (3). Id.; accord Lee, 561 N.”
State v. Millsap, 704 N.W.2d 426 (Iowa 2005).
“§ 907.1(4). Accordingly, a defendant placed on probation for a particular offense is not sentenced to confinement on that charge.”
— Iowa Code § 907.1(1) — 7 cases
State of Iowa v. Richard Osmond McLachlan Jr., 880 N.W.2d 513 (Iowa Ct. App. 2016).
“Therefore, the district court is — or was, if sentencing on the cocaine case has by now occurred, a fact not in our record on this appeal — not authorized to consider a deferred judgment under Iowa Code section 907.1. See Kurtz v. State, 854 N.”
State v. Thomas, 659 N.W.2d 217 (Iowa 2003).
“§§ 907.1(1), 907.3(1). If the probation is successfully completed, the defendant is discharged and no judgment is entered.”
— Iowa Code § 907.1(2) — 4 cases
State v. Thomas, 659 N.W.2d 217 (Iowa 2003).
“§§ 907.1(1), 907.3(1). If the probation is successfully completed, the defendant is discharged and no judgment is entered.”
Michael Anderson v. State of Iowa, 801 N.W.2d 1 (Iowa 2011).
“§ 907.1(2). The court retains discretion to impose any sentence it originally could have imposed if the defendant fails to comply “with conditions set by the court as a requirement of the deferred sentence.”
— Iowa Code § 907.1(3) — 7 cases
State v. Thomas, 659 N.W.2d 217 (Iowa 2003).
“§§ 907.1(1), 907.3(1). If the probation is successfully completed, the defendant is discharged and no judgment is entered.”
Michael Anderson v. State of Iowa, 801 N.W.2d 1 (Iowa 2011).
“§ 907.1(2). The court retains discretion to impose any sentence it originally could have imposed if the defendant fails to comply “with conditions set by the court as a requirement of the deferred sentence.”
— Iowa Code § 907.1(4) — 6 cases
State v. Millsap, 704 N.W.2d 426 (Iowa 2005).
“§ 907.1(4). Accordingly, a defendant placed on probation for a particular offense is not sentenced to confinement on that charge.”
State v. Thomas, 659 N.W.2d 217 (Iowa 2003).
“§§ 907.1(1), 907.3(1). If the probation is successfully completed, the defendant is discharged and no judgment is entered.”
— Iowa Code § 907.1(5) — 1 case
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