The bill amends Section 12-1-12.1 of the General Laws concerning the sealing of criminal records for individuals who have been acquitted or exonerated. It introduces new provisions that require the court to automatically seal records of any criminal case dismissed under the district court rule of criminal procedure 48(a) without the need for a motion, specifically for cases dismissed on or after January 1, 2023. For cases dismissed prior to this date, the sealing can occur upon the defendant's request. Additionally, the bill specifies that individual counts of a criminal complaint can also be sealed under these circumstances.

Furthermore, the bill outlines the process for individuals who are acquitted or exonerated to file a motion for sealing their court records, including the requirement to notify the attorney general and the police department prior to the hearing. It also establishes a three-year retention period for records related to domestic violence cases, during which they cannot be sealed or expunged. The bill emphasizes the importance of timely processing and communication regarding sealing orders, ensuring that the records are managed efficiently and in accordance with the law. The act will take effect upon passage.

Statutes affected:
5439: 12-1-12.1