The bill amends Section 12-1-12.1 of the General Laws regarding the sealing of criminal records for individuals who have been acquitted or otherwise exonerated. It establishes that cases or individual counts of a criminal complaint or indictment dismissed pursuant to the superior court rule of criminal procedure 48(a) will be sealed administratively by the court clerk at the request of the defendant. The sealing order must be sent electronically by the clerk of the court to the bureau of criminal identification and served upon the arresting law enforcement agency within five days of the entry of the order. Additionally, the clerk is required to provide two certified copies of the sealing order to counsel of record for the defendant, which may be sent electronically.

The bill also specifies that the sealing process must be carried out within ninety days of the receipt of the order. Furthermore, it 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 police department of the hearing date. If the motion is granted, the clerk must seal the records within forty-five days. The bill stipulates that records related to domestic violence cases will not be sealed for three years from the date of filing. This legislation aims to streamline the process of sealing criminal records while ensuring that relevant parties are notified and involved. The act will take effect upon passage.

Statutes affected:
352: 12-1-12.1