ARTICLE 11 SUBSTITUTE A AS AMENDED

RELATING TO CRIMINAL RECORDS EXPUNGEMENT FEES

SECTION 1. Section 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is hereby amended to read as follows:

12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. -- (a)

Any person filing a motion for expungement of the records of his or her conviction pursuant to

section 12-1.3-2 shall give notice of the hearing date set by the court to the department of the

attorney general and the police department which originally brought the charge against the person

at least ten (10) days prior to that date.

      (b) The court, after the hearing at which all relevant testimony and information shall be

considered, may in its discretion order the expungement of the records of conviction of the person

filing the motion if it finds:

      (1) That in the five (5) years preceding the filing of the motion, if the conviction was for

a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was

for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor,

there are no criminal proceedings pending against the person, and he or she has exhibited good

moral character;

      (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

      (c) If the court grants the motion, it shall, after payment by the petitioner of a one

hundred dollar ($100) fee to be paid to the court order all records and records of conviction

relating to the conviction expunged and all index and other references to it deleted. A copy of the

order of the court shall be sent to any law enforcement agency and other agency known by either

the petitioner, the department of the attorney general, or the court to have possession of the

records. Compliance with the order shall be according to the terms specified by the court.

SECTION 2. This article shall take effect upon passage.