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Bill could erase underage alcohol-related offenses

Staff Writer

Published: Monday, February 8, 2010

Updated: Monday, February 8, 2010 12:02

Hill

Photo By BRICE JENSEN, Photo Illustration By SCOTT KINTZEL/Northern Iowan

If the bill is passed, students with an underage alcohol-related conviction may be able to get the offense removed from their records.

Students may soon be given a second chance to erase past mistakes for underage alcohol-related offenses that may hinder their chances for future employment.

House Study Bill 553, currently working its way through the Iowa legislative process, would allow people convicted of an underage alcohol charge to petition the court to erase the conviction from their records.

State Representative Kurt Swaim is a strong advocate and proponent for this bill.

“We don’t condone the breaking of the law, but we understand that sometimes there is underage drinking and we don’t intend to give a large percentage of our college students a record when they graduate from college,” Swaim said.

“We want to utilize some discretion so that if an offense occurs and there’s not repetition of the offense, then it can be expunged from their record,” he continued.

The criminal code reorganization committee, which Swaim is part of, considers proposals for Criminal Code revisions, reorganizations and updates. The committee came to a consensus and decided the long-term consequences from a “youthful indiscretion” is too harsh and that there should be a “safety valve” put in place to erase the conviction.

To expunge the conviction of the violation, the offender must wait two years to petition the court.

If the person had no other criminal convictions during that time period, then the conviction can be expunged.

Without this bill, drinking violations are branded on a person’s record.

Underage alcohol offenses rise to the surface and can influence the decisions future employers make during the hiring process.

“Companies want to have people which will represent them well,” said Matt Nuese, associate director for Career Services. “However, very few employers would hold a typical alcohol charge against you, unless you don’t disclose it when you are actually applying.”

Students and those close to entering the job market have weighed in on this proposed bill.

“I think it is excellent,” said Bryan Hendrickson, senior biology major.

“Maybe one night you had a few too many; you did something stupid. That shouldn’t hinder your employment opportunities down the road.

“That is just one stupid night you had when you were still pretty young. That doesn’t mean you won’t do a good job and it shouldn’t affect anything,” Hendrickson continued.

Opponents to the bill argue this may cause people to take drinking less seriously. However, Hendrickson thinks otherwise.

“If you get caught, you can make the decision to stay clean for two years. In a way, this bill can make people more responsible.”

“If the bill (goes) through the process – which I am hopeful it will make it – it will probably be effective July 1 of this year,” Swaim said.

 

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