Des Moines, Iowa Misdemeanor Defense Attorneys

Consequences of a Misdemeanor in Des Moines

Facing a misdemeanor charge in Des Moines can have serious personal and financial consequences. Most misdemeanor hearings and trials in Polk County take place at the Polk County Courthouse in downtown Des Moines. If a sentence includes jail time, it’s typically served at the Polk County Jail, which can disrupt employment, family responsibilities, and transportation. 

A person faced with Des Moines misdemeanor charges may face:

• Jail Costs
  A jail stay in Iowa involves significant costs. The state requires payment for booking, administrative services, housing, meals, and medical care. (Iowa Code Section 356.7). The inmate handbook for Polk County Jail ("PCJ") is available online here.
• Surcharges
  All misdemeanor fines include surcharges. In July 2020, the "criminal penalty surcharge" changed to the "crime services surcharge" and dropped from 35% to 15%. (Iowa Code § 911.1.) Defendants who receive deferred judgments pay "civil penalties" instead of criminal fines. Civil penalties do not include the crime services surcharge. If a court revokes your deferred judgment, your penalty becomes a fine, and you must pay the surcharge.
• Restitution
  You may owe restitution in three categories: victim restitution, category A restitution, and category B restitution. If convicted or if you plead guilty, you pay victim and category A restitution regardless of your financial status. Category B restitution depends on an ability to pay analysis.

A misdemeanor conviction can affect many aspects of daily life in Des Moines. Employers frequently run background checks, and landlords often review applicants’ records—particularly in rental-heavy neighborhoods near downtown or Drake University. Some professional licenses in Iowa are harder to obtain or renew after a conviction, and volunteer or travel opportunities may be limited by a public record. Taking prompt action after a misdemeanor charge helps protect your rights, preserve your options, and minimize long-term consequences in Polk County and beyond.

The Misdemeanor Court Process

A misdemeanor case in Des Moines typically begins with an arrest or citation issued by local law enforcement. Afterward, you’ll have an initial appearance—usually held at the Polk County Courthouse in downtown Des Moines. During this first hearing, the judge explains the charge, sets conditions of release, and schedules future court dates.

Most misdemeanor cases move next to a pretrial conference, where your attorney and the prosecutor can discuss the evidence and explore possible resolutions. Some cases end at this stage through plea negotiations, deferred judgments, or dismissals, while others proceed to trial.

Polk County courts follow strict schedules. Missing a court appearance can result in a warrant for your arrest or additional charges for failure to appear. Defendants typically receive notices by mail or directly in court, and courthouse staff provide instructions about required paperwork or check-ins.

Working with a local Des Moines defense attorney helps you stay organized and avoid unnecessary delays. At Clark & Sears Law, LLC, we make sure clients understand each step, every deadline, and what to expect in Polk County’s misdemeanor process, so they can move through the system with clarity and confidence.

How a Lawyer Develops Your Misdemeanor Defense

When you hire Clark & Sears Law, LLC to handle a misdemeanor charge, your defense starts with careful preparation and investigation. Your attorney reviews all available materials—including police reports, charging documents, and witness statements—to identify weaknesses in the prosecution’s case. If there’s video footage, bodycam evidence, or inconsistencies in testimony, your lawyer uses those details to protect your rights and strengthen your position.

A solid defense in Polk County often involves direct discussions with prosecutors to reduce or dismiss charges when appropriate. Depending on your situation, your attorney may also negotiate for alternatives such as deferred judgments, probation, or community service.

The most effective strategy looks at both the alleged offense and your personal background. At Clark & Sears Law, LLC, our lawyers draw on their experience with local judges, prosecutors, and court procedures to anticipate issues and build the strongest possible case. We keep you informed, explain your options clearly, and fight for fair treatment at every stage.

Our Des Moines misdemeanor defense lawyers' approach reflects what defense should be: honest guidance, practical advocacy, and unwavering protection of your rights.

Misdemeanor Expungement in Iowa

What Is Misdemeanor Expungement?

Expungement clears certain misdemeanor convictions from your record. When a court grants expungement, it removes the offense from public view, letting you move on without the weight of a criminal record. This step often opens new doors for individuals seeking work or professional licenses.

Eligibility for Expungement

Not all misdemeanor convictions qualify for expungement under Iowa law. 

Generally, you must meet the following requirements:

• Type of Misdemeanor: Offenses like simple misdemeanors often qualify, but more serious crimes, such as aggravated misdemeanors or some drug offenses, may not.
• Time Passed: You must wait a certain period after your sentence or probation ends before you apply. For most simple misdemeanors, you must wait at least 8 years from sentence completion.
• No Subsequent Convictions: You may not qualify if you have been convicted of another crime after your misdemeanor.

The Expungement Process

Here’s a general guide to the expungement process in Iowa:

1. Check Eligibility: Confirm your conviction qualifies for expungement.
2. File a Petition: File your petition with the district court, including your case details and the reasons for expungement.
3. Court Hearing: The court schedules a hearing where a judge reviews your petition and makes a decision.
4. Decision: If the judge grants it, your conviction is expunged from your public record.

The Polk County District Court hears expungement petitions for Des Moines residents and schedules hearings on select dates. Times may change based on the court docket, but good preparation often moves the process more quickly. Lawyers with local experience understand how officers, staff, and judges approach these cases in Polk County.

How Expungement Affects Employment & Other Aspects of Life

Expunging a misdemeanor conviction can benefit you in several ways:

• Employment Opportunities: Most employers check backgrounds, and a criminal record might cost you a job. An expungement lets you honestly answer “no” when asked if you have a conviction.
• Housing: Landlords often review your record before renting, and a conviction can make it harder to find a place. Expungement removes this barrier.
• Travel and Licensing: Many countries and licensing boards review criminal records, but expungement helps clear the way for applications.

After expungement, many people in Des Moines see smoother background checks for work and housing. Iowa employers and property managers use online systems, which will not show the expunged conviction on public searches. This change can make moving, changing jobs, or renting a new apartment in Iowa much easier.

The Importance of Legal Representation for Misdemeanor Charges

Why Hire a Misdemeanor Defense Lawyer?

An experienced misdemeanor defense lawyer can help protect your rights and reduce potential penalties. Lawyers can also negotiate for lesser charges or reduced sentences, giving you a better shot at avoiding jail time or a lasting criminal record. They help you understand Iowa’s legal process and all possible outcomes. A skilled attorney can:

• Reduce Penalties: They may negotiate for lesser charges or lighter penalties.
• Protect Your Record: A lawyer can fight to have your case dismissed when possible, keeping your record clean.
• Understand Legal Nuances: Iowa misdemeanor laws can be complex. An attorney can help you navigate your case every step of the way.

In Polk County, working with a local defense lawyer brings advantages. Attorneys familiar with Des Moines courts know the schedules and local court policies that can shape your case. Polk County prosecutors and judges may approach cases differently, so a knowledgeable attorney predicts and plans for these factors. An experienced attorney can also handle court filings and deadlines accurately, helping to prevent delays or mistakes.

The Role of a Misdemeanor Defense Lawyer in Your Case

Your attorney plays a vital role in all stages of your case, including investigation, negotiation, and court defense:

• Investigation: Your attorney will review case details to find evidence or arguments for your defense.
• Negotiation: Your lawyer may work with prosecutors to seek reduced charges or better plea deals.
• Court Defense: At trial, your lawyer will present evidence and argue your case before a judge.

Serving Des Moines, our lawyers work in the Polk County Courthouse regularly. Our familiarity with courtroom routines and local prosecution strategies helps you make informed decisions. Knowledge of Des Moines judges and prosecutors also supports stronger planning and direction throughout your case.

The Impact of a Misdemeanor on Your Criminal Record

Long-Term Consequences

A misdemeanor may be less serious than a felony, but the effects can last, including:

• Background Checks: Misdemeanor convictions appear in background checks and can make it harder to find work or rent in Iowa.
• Travel Restrictions: Some countries may deny entry to people with a criminal record.
• Increased Scrutiny: Any criminal record can bring problems in later legal situations.

People in Des Moines may feel these consequences especially strongly. Polk County employers and city landlords run background checks using standard databases that readily show convictions. These records can affect options downtown, near college campuses, or in other busy parts of the area. Legal advice early on helps address these issues before they become bigger hurdles.

How Misdemeanors Can Lead to Future Charges

If you collect multiple misdemeanor convictions, future charges may rise to felony status. For example:

• Escalating Penalties: Repeated offenses, especially for similar crimes, may increase penalties, and what was once a simple misdemeanor may become a felony charge.
• Habitual Offender Status: Some states impose harsher penalties on habitual offenders, which could escalate a misdemeanor to a felony charge after several convictions.

Multiple offenses on your record in Iowa can change how prosecutors approach your case. In Polk County, a prior record may lead to tougher negotiations or higher penalties from the local court. Early defense guidance can help avoid future legal and personal complications for people in Des Moines.

Frequently Asked Questions (FAQ) About Misdemeanors in Iowa

Can I lose my driver’s license after a misdemeanor?

Certain misdemeanor convictions—such as OWI (Operating While Intoxicated), driving without insurance, or reckless driving—can result in license suspension or revocation. Your attorney can help you understand the specific penalties for your charge and work toward protecting your driving privileges.

What should I do if I missed a court date for my misdemeanor?

If you miss a court appearance in Polk County, a bench warrant may be issued for your arrest. Contact a Des Moines misdemeanor attorney right away to help you resolve the warrant and request a new court date. Acting quickly can help you avoid being taken into custody and may demonstrate good faith to the court.

Will a misdemeanor show up on background checks in Iowa?

Misdemeanor convictions appear on most standard background checks and can affect employment, housing, and professional licensing. That’s why defending against the charge early—and avoiding conviction if possible—is so important.

Do I need a lawyer for a misdemeanor charge?

Even though misdemeanors are less serious than felonies, they can still carry jail time, fines, and long-term consequences. A Des Moines misdemeanor lawyer can review the evidence, negotiate with prosecutors, and help you seek reduced penalties or alternative outcomes like deferred judgments or probation.

Can a misdemeanor conviction send me to jail in Iowa?

It depends on the charge. In Iowa, simple misdemeanors can result in up to 30 days in jail, while serious or aggravated misdemeanors can lead to up to one or two years in jail, respectively. A skilled defense lawyer may be able to help you avoid jail through plea negotiations or alternative sentencing.

Can I expunge a misdemeanor from my record if I was not convicted in court?

If your case was dismissed or you were acquitted, you may still be able to clear the record of the arrest. However, this does not apply if you were found guilty of a misdemeanor.

How long do I have to wait before applying for expungement?

In Iowa, you typically wait 8 years after completing your sentence for a simple misdemeanor before applying for expungement. This includes probation, parole, or other requirements. Serious or aggravated misdemeanors may have different timelines.

Will expungement completely remove all evidence of the misdemeanor?

Expungement removes your misdemeanor conviction from the public record, so most employers, landlords, and others will not see it on background checks. However, some government agencies and law enforcement may retain access.

If I get a misdemeanor expunged, can I legally deny that I was convicted?

Yes. Once a misdemeanor is expunged, you may lawfully answer “no” to questions on applications about criminal convictions. Some legal authorities, such as law enforcement, may still access the record.

Can I apply for expungement if I have not completed my probation or sentence?

In most cases, you must finish all parts of your sentence, including probation and court-ordered terms, before applying for expungement. If you have not completed your terms, you must wait to apply.

How can I check if my misdemeanor is eligible for expungement?

To learn if your misdemeanor conviction may be expunged, consult with an attorney who handles criminal defense or expungement cases. They review your record and help you understand eligibility requirements.

Will hiring a lawyer improve my chances of expunging my misdemeanor conviction?

You do not need a lawyer, but hiring one can increase your chances for successful expungement. A misdemeanor attorney in Des Moines can guide the process, make sure legal requirements are met, and represent you at hearings.

Facing misdemeanor charges in Des Moines? Contact us now at (515) 200-2787 to discuss your case with an experienced attorney and explore your legal options.