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 automatic sealing of records for cases dismissed under the district court rule of criminal procedure 48(a) on or after January 1, 2023, within ten to twenty days post-dismissal. Additionally, it mandates that counsel of record for the defendant receive two certified copies of the sealing order, which can be sent electronically. For cases dismissed prior to this date, the court clerk is required to seal the records at the defendant's request and send the sealing order to the bureau of criminal identification and the arresting law enforcement agency within specified timeframes.
Furthermore, the bill allows individuals acquitted or exonerated of all counts in a criminal case to file a motion for sealing their court records, with the requirement to notify the attorney general and the original police department at least ten days before the hearing. The court must consider all relevant information before granting the sealing of records, which must be completed within forty-five days of the court's order. The bill also stipulates that records related to domestic violence cases will not be sealed for three years following the filing date. Overall, the legislation aims to streamline the process of sealing criminal records while ensuring that necessary parties are informed and involved.