This bill amends Section 12-1-12.1 of the General Laws to require the automatic sealing of records for individuals who are acquitted or otherwise exonerated by operation of law or by motion. The court will automatically seal records of criminal cases that were dismissed pursuant to the district court rule of criminal procedure 48(a), either 90 days after the dismissal or administratively by the court clerk at the request of the defendant. Individuals who are acquitted or otherwise exonerated of all counts in a criminal case may file a motion for the sealing of their court records. The court will consider relevant testimony and information and, if the person is entitled to the sealing of the records, will order the sealing of the court records. The clerk of the court will then place the court records under seal within 45 days of the court's order. The bill also specifies that in cases involving a charge of a crime involving domestic violence, the court must retain the records for three years from the date of filing and the records cannot be expunged or sealed during that time. Any bail money that remains on deposit and is not claimed at the time of sealing will be escheated to the state's general treasury. The bill takes effect upon passage.

Statutes affected:
5697: 12-1-12.1