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 to the bureau of criminal identification and served upon the arresting law enforcement agency within five days of the entry of the order, and the sealing must be carried out within ninety days of receipt of the order. Counsel of record for the defendant shall be provided two certified copies of the sealing order, which may be sent electronically.

The bill also specifies that records of cases dismissed on or after January 1, 2023, will be sealed within twenty days after the dismissal. For cases dismissed prior to this date, sealing can occur upon the defendant's request. Additionally, the bill allows individuals acquitted or exonerated of all counts in a criminal case to file a motion for sealing their court records, with a 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 further 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 for individuals who have been cleared of charges while ensuring proper notification and documentation procedures are followed.

Statutes affected:
2127: 12-1-12.1