The bill amends the General Laws concerning the expungement of criminal records and motor vehicle offenses. It introduces new provisions that establish a ten-year waiting period for individuals seeking to expunge violations under sections 31-27-2 (Driving Under the Influence) and 31-27-2.1 (Refusal to submit to chemical test) after the completion of their sentence. The bill clarifies that individuals convicted of crimes of violence are ineligible for expungement and outlines specific criteria for filing motions based on the type of conviction.
Additionally, the bill mandates that individuals must notify the Attorney General and the police department prior to the expungement hearing. It revises the language regarding implied consent for chemical testing and removes previous requirements for informing individuals of penalties for non-compliance. The bill emphasizes the consequences of refusal to submit to chemical tests, which may include fines, community service, and potential license suspension.
Furthermore, the bill establishes a structured penalty system for repeat offenders, incorporating mandatory alcohol or drug treatment and ignition interlock systems. It specifies that all traffic violations will be automatically expunged after three years, while alcohol-related offenses will now have a ten-year expungement period instead of five. The act is set to take effect upon passage.
Statutes affected: 3103: 31-27-2.1, 31-41.1-10