The bill amends sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled "Expungement of Criminal Records" to modify the criteria and process for expunging criminal records. It introduces the concept of expungement by operation of law, particularly for misdemeanors, and specifies that individuals who are first offenders and have not been convicted of a crime of violence are eligible for expungement. For felonies, expungement is still by motion, but the bill clarifies that no person convicted of a crime of violence shall have their records expunged. The bill also waives all outstanding court-imposed or court-related monetary obligations for those eligible for automatic expungement of misdemeanors.
The bill further outlines the notice and hearing procedures for expungement motions, including automatic expungement without motion after five years from the completion of a person's sentence for misdemeanors, provided there are no pending criminal proceedings. It also sets forth the criteria for granting expungement, such as the absence of new convictions or arrests, no pending criminal proceedings, payment of all court-related financial obligations (unless waived), and good moral character. The bill mandates that all records be removed from public inspection upon expungement and provides for the escheatment of unclaimed bail money to the state's general treasury. Additionally, it allows for expungement without cost for decriminalized offenses after a hearing confirming all conditions of the original sentence have been met. The act would take effect upon passage and requires automatic expungement of non-violent misdemeanor records five years after sentence completion.