The bill amends Section 12-1.3-1 of the General Laws in Chapter 12-1.3, which is entitled "Expungement of Criminal Records." The amendment includes a new definition for "misdemeanor" within the context of expungement. Specifically, it expands the definition to include crimes that were classified as felonies at the time of sentencing but have since been reclassified as misdemeanors by the General Assembly before the motion to expunge is brought. This change allows individuals with such reclassified offenses to be eligible for expungement under ยงยง 12-1.3-2 and 12-1.3-3.
The bill also provides definitions for terms such as "crime of violence," "expungement of records and records of conviction," "first offender," and "law enforcement agency." It clarifies what constitutes records and records of conviction and/or probation, specifying what is included and excluded. The act is set to take effect upon passage, meaning that the changes to the expungement process would become effective immediately after the bill is enacted into law.
Statutes affected: 2227: 12-1.3-1