Bill Sponsors
Dimitri, LaMountain, Famiglietti, and Bissaillon
Committee
Senate Judiciary
Summary
Select
This legislation streamlines the process for sealing criminal records in the Superior Court. Specifically, if a criminal case or individual counts within a case are dismissed by the prosecution (under Rule 48(a)), the defendant can request that the court clerk seal these records administratively. This removes the need for a formal court hearing to seal these specific records. The bill mandates that the clerk notify the Bureau of Criminal Identification and the arresting agency electronically, and provides a timeline for when the sealing must be completed.
Sponsor
Analysis
Pros for Progressives
- Promotes social justice by effectively removing barriers to housing and employment for individuals who have had their charges dismissed, reducing the long-term stigma of contact with the criminal justice system.
- Increases accessibility to justice by removing the need for a formal hearing and likely legal representation to get records sealed, making the process easier for low-income defendants.
- Enhances privacy rights by ensuring that individuals who have not been convicted do not have their past charges publicly accessible or held against them.
Cons for Progressives
- Unlike recent reforms in the District Court which are automatic, this provision for Superior Court still requires the defendant to make a request, potentially leaving some individuals behind who are unaware of the process.
- The ninety-day window for law enforcement agencies to carry out the sealing order may be viewed as too long, leaving records exposed for months after a dismissal.
- Does not extend to expunging convictions or addressing the root causes of why these individuals were charged initially, representing a procedural fix rather than systemic reform.
Pros for Conservatives
- Increases government efficiency and reduces court backlogs by handling dismissals administratively rather than requiring time-consuming judicial hearings.
- Upholds the principle of "innocent until proven guilty" by ensuring that citizens who have had charges against them dismissed do not face ongoing reputational damage.
- Reduces potential legal costs and administrative burdens on the court system, which aligns with fiscal responsibility.
Cons for Conservatives
- Removes judicial oversight from the sealing process for these specific cases, relying solely on administrative clerks rather than a judge's discretion.
- Obscures public records regarding arrests and charges, which some may argue reduces transparency regarding an individual's history with law enforcement.
- Could potentially make it more difficult for business owners or community organizations to fully vet backgrounds if relevant arrest patterns are sealed quickly.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Criminal Defendants
- Court Clerks
- Law Enforcement Agencies
- Defense Attorneys
- Bureau of Criminal Identification
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled "Identification and Apprehension of Criminals" is hereby amended to read as follows:
12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion.
(a) By operation of law, the court shall automatically seal the records of any criminal case that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all records of the division of criminal identification established by § 12-1-4 without the requirement of filing a motion under the following circumstances:
(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or after January 1, 2023, shall be automatically sealed not less than ten (10) days and not more than twenty (20) days after the dismissal. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically; or
(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the district court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by § 12-1-4 and served upon the arresting law enforcement agency within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically.
(3) Cases or individual counts of a criminal complaint or indictment dismissed pursuant to the superior court rule of criminal procedure 48(a) shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the superior court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by § 12-1-4 and served upon the arresting law enforcement agency, within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically.
(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissals not described in subsection (a) of this section or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case.
(1) Any person filing a motion for sealing his or her court records pursuant to this section shall give notice of the hearing date set by the court to the department of the attorney general and the police department that originally brought the charge against the person at least ten (10) days prior to the hearing.
(2) If the court, after the hearing at which all relevant testimony and information shall be considered, finds that the person is entitled to the sealing of the records, it shall order the sealing of the court records of the person in that case.
(3) The clerk of the court shall, within forty-five (45) days of the order of the court granting the motion, place under seal the court records in the case in which the acquittal, dismissal, no true bill, no information, or other exoneration has been entered.
(c) Notwithstanding any other provision of this section, in all cases involving a filing subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving domestic violence, the court having jurisdiction over the case shall retain the records of the case for a period of three (3) years from the date of filing. The records shall not be expunged or sealed for a period of three (3) years from the date of the filing.
(d) The defendant shall be advised at the hearing that any and all bail money relating to a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state’s general treasury in accordance with chapter 12 of title 8.
SECTION 2. This act shall take effect upon passage.
12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion.
(a) By operation of law, the court shall automatically seal the records of any criminal case that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all records of the division of criminal identification established by § 12-1-4 without the requirement of filing a motion under the following circumstances:
(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or after January 1, 2023, shall be automatically sealed not less than ten (10) days and not more than twenty (20) days after the dismissal. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically; or
(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the district court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by § 12-1-4 and served upon the arresting law enforcement agency within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically.
(3) Cases or individual counts of a criminal complaint or indictment dismissed pursuant to the superior court rule of criminal procedure 48(a) shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the superior court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by § 12-1-4 and served upon the arresting law enforcement agency, within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order. Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order, which may be sent electronically.
(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissals not described in subsection (a) of this section or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case.
(1) Any person filing a motion for sealing his or her court records pursuant to this section shall give notice of the hearing date set by the court to the department of the attorney general and the police department that originally brought the charge against the person at least ten (10) days prior to the hearing.
(2) If the court, after the hearing at which all relevant testimony and information shall be considered, finds that the person is entitled to the sealing of the records, it shall order the sealing of the court records of the person in that case.
(3) The clerk of the court shall, within forty-five (45) days of the order of the court granting the motion, place under seal the court records in the case in which the acquittal, dismissal, no true bill, no information, or other exoneration has been entered.
(c) Notwithstanding any other provision of this section, in all cases involving a filing subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving domestic violence, the court having jurisdiction over the case shall retain the records of the case for a period of three (3) years from the date of filing. The records shall not be expunged or sealed for a period of three (3) years from the date of the filing.
(d) The defendant shall be advised at the hearing that any and all bail money relating to a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state’s general treasury in accordance with chapter 12 of title 8.
SECTION 2. This act shall take effect upon passage.