The bill amends Section 12-1.3-1 of the General Laws in Chapter 12-1.3 entitled "Expungement of Criminal Records" by updating definitions relevant to the expungement process. The amendment includes a new definition for "misdemeanor," which now encompasses 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 for the expungement of records for crimes that have been downgraded from felonies to misdemeanors in the interim period.

The bill also clarifies the terms "records" and "records of conviction and/or probation," specifying what is included and excluding records and files of the department of attorney general that are not maintained by the bureau of criminal identification in the ordinary course of business. The legislative intent behind the bill is to redefine misdemeanors for the purpose of expungement and to make certain prior felonies, which have been reclassified as misdemeanors, eligible for expungement under §§ 12-1.3-2 and 12-1.3-3. The act is set to take effect upon passage.

Statutes affected:
8342: 12-1.3-1