The bill amends Section 12-1-12.1 of the General Laws in Chapter 12-1, titled "Identification and Apprehension of Criminals," to modify the process of sealing criminal records for persons acquitted or exonerated. The amendment specifies that the court shall automatically seal the records of any criminal case dismissed under district court rule of criminal procedure 48(a), including all related records of the division of criminal identification, without the need for a motion. This applies to cases or individual counts of a criminal complaint dismissed after January 1, 2023, which will be sealed 90 days after dismissal, and to those dismissed before this date, which can be sealed administratively upon the defendant's request. Additionally, the bill allows individuals acquitted or exonerated of all counts in a criminal case to file a motion for sealing their court records, with the court ordering the sealing after considering all relevant testimony and information.

The bill also includes provisions for cases involving domestic violence, where the court retains records for three years from the date of filing before they can be expunged or sealed. Defendants are to be informed that unclaimed bail money at the time of sealing will be transferred to the state's general treasury. The bill mandates that the clerk of the district court automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court. The act will take effect upon passage.

Statutes affected:
5697: 12-1-12.1