Prosecutor drops charge “in the interest of justice” …

Tuesday, March 7, 2017

In the Iowa District Court for Polk County

Tuesday, March 7, 2017

State of Iowa,

Plaintiff,

v.

NICHALAS JAMES FIFIELD,

Defendant.

Criminal No: FECR292368

Order of Dismissal

The Court has reviewed the State’s motion to dismiss and finds that it should be granted.

This matter is dismissed: with prejudice

State to pay court costs

Iowa Code Section 901C.1 allows a defendant to file a motion to request that a dismissed case be expunged (erased) from the clerk of court’s public records. Before the expungement, the defendant must prove all of the following:

1) all charges in the case were dismissed;

2) at least 180 days have passed since the case was dismissed (or the defendant proves, and the court finds, good cause to expunge the records sooner such as when the defendant was the victim of an identity theft);

3) the dismissal was not based on a finding that the defendant was incompetent to stand trial or was not guilty by reason of insanity; and

4) all court costs, fees, or other financial obligations ordered by the court have been paid.

If the request is not resisted by the state, the motion may be granted without hearing if the defendant’s motion includes two attachments: A) an affidavit swearing to the four matters set out above; and B) proof from the clerk of court that all costs, fees and other financial obligations have been paid.

Defendant was personally served with a copy of this order.

In addition to all other persons entitled to a copy of this order, the Clerk shall provide a copy to the following: FELCC,