The bill proposes amendments to the General Laws concerning criminal offenses and the expungement of criminal records. It redefines the classification of criminal offenses into felonies, misdemeanors, petty misdemeanors, and violations, and introduces a significant change by stating that a criminal case resulting in only a fine shall not be considered a criminal conviction for any purpose, including the expungement process. This means that records of cases where only a fine was imposed can now be expunged. Additionally, the bill modifies the conditions under which a plea of nolo contendere followed by probation does not constitute a conviction, and it removes the previous provision that considered a violation of probation terms as a conviction.

The bill also clarifies that a violation of probation terms shall be considered a prior conviction when it comes to enhancing sentences for subsequent convictions. It specifies that records can be provided to a sentencing court if an individual is convicted of a new crime after successfully completing probation for a prior offense, except for those sentenced to time in adult correctional institutions or given a suspended or deferred sentence in addition to probation. For firearms or concealed weapons applications, a plea of nolo contendere followed by probation is deemed a conviction if the initial crime was violent or entered under certain circumstances. The bill revises the section on the suspension of sentences and probation, allowing courts to suspend sentences or place defendants on probation without imposing a suspended sentence, and clarifies that probation without imprisonment shall not be considered a conviction. The act would take effect upon passage, facilitating the expungement of cases resolved by fines and maintaining the use of probation to enhance sentences for repeat offenses.

Statutes affected:
7311: 11-1-2, 12-18-3, 12-19-8