The bill amends Section 12-1-12.1 of the General Laws in Chapter 12-1, which pertains to the sealing of criminal records for individuals who have been acquitted or exonerated. The amendment changes the automatic sealing of records for cases dismissed under district court rule of criminal procedure 48(a). Previously, records were sealed 90 days after dismissal, but the new language specifies that records must be sealed not less than 10 days and not more than 20 days after dismissal for cases after January 1, 2023. For cases prior to this date, records can be sealed administratively upon the defendant's request, with the sealing order sent to the bureau of criminal identification within five days and carried out within 90 days.

Additionally, the bill outlines the process for individuals seeking to seal records in cases where they were acquitted or exonerated by means other than a dismissal under rule 48(a). It requires notice to be given to the attorney general and the police department that brought the charges at least 10 days before a hearing on the motion to seal. If the court orders the sealing of records, the clerk must seal them within 45 days. The bill also includes a provision that retains records for three years in cases involving domestic violence filings, and it advises defendants that unclaimed bail money at the time of sealing will be transferred to the state's general treasury. The act would take effect upon passage.

Statutes affected:
906  SUB A: 12-1-12.1
906: 12-1-12.1