The bill amends the existing laws regarding the expungement of criminal records, specifically in Sections 12-1.3-2 and 12-1.3-3. It introduces new provisions allowing individuals who have not been charged or convicted of any offenses for forty years following their last conviction to be eligible for expungement of their criminal records, with specific exceptions for serious crimes such as murder, kidnapping, first or second degree sexual assault, first or second degree child molestation, first degree robbery, first degree child abuse, and various forms of assault causing serious bodily injury, among others.
Additionally, the bill clarifies the eligibility criteria for individuals with multiple convictions, stating that they may be eligible for expungement if they have not been convicted or arrested for any felony or misdemeanor in the forty years preceding the filing of the motion, have no pending criminal proceedings, and have exhibited good moral character. However, convictions under chapter 29 of title 12, as well as certain motor vehicle offenses, are not eligible for expungement.
The bill outlines the process for filing a motion for expungement, which includes the requirement for notice to the Attorney General and the original police department. It also specifies the criteria the court must consider when deciding whether to grant the expungement, ensuring that the court finds the petitioner has exhibited good moral character and has not been involved in any criminal proceedings for the specified time periods. If granted, the court will order the expungement of all related records, ensuring that they are removed from public inspection. The act is set to take effect upon passage.