2012 -- S 2682

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LC01964

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- CRIMINAL PROCEDURE--

EXPUNGEMENTS

     Introduced By: Senators McCaffrey, Lynch, and Jabour

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-8-12 of the General Laws in Chapter 3-8 entitled "Regulation of

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Sales" is hereby amended to read as follows:

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     3-8-12. Expungement of certain criminal records. -- The court records of conviction of

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any person convicted of a violation of section 3-8-6, 3-8-9, or 3-8-10, while between the age of

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eighteen (18) to twenty-one (21) shall be expunged without the requirement of filing a motion

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pursuant to chapter 12-1.3, provided all outstanding court-imposed or court-related fees, fines,

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costs, assessments, charges and/or any other monetary obligations have been paid. Any and all

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bail money relating to a case which remains on deposit at the time of the expungement shall be

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forfeited to the state general fund.

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     SECTION 2. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled

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"Identification and Apprehension of Criminals" is hereby amended to read as follows:

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     12-1-12.1. Motion for sealing of records of persons acquitted or otherwise

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exonerated. -- (a) Any person who is acquitted or otherwise exonerated of all counts in a

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criminal case, including, but not limited to, dismissal or filing of a no true bill or no information,

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may file a motion for the sealing of his or her court records in the case, provided, that no person

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who has been convicted of a felony shall have his or her court records sealed pursuant to this

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section.

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      (b) Any person filing a motion for sealing his or her court records pursuant to this

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section shall give notice of the hearing date set by the court to the department of the attorney

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general and the police department which originally brought the charge against the person at least

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ten (10) days prior to the hearing.

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

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considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

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of the court records of the person in that case.

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      (d) The clerk of the court shall, within forty-five (45) days of the order of the court

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granting the motion, place under seal the court records in the case in which the acquittal,

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dismissal, no true bill, no information or other exoneration has been entered.

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      (e) Notwithstanding any other provision of this section, in all cases involving a filing

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subsequent to a plea of not guilty, guilty or nolo contendere to a charge of a crime involving

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domestic violence, the court having jurisdiction over the case shall retain the records of the case

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for a period of three (3) years from the date of filing. The records shall not be expunged, or

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sealed, or otherwise destroyed for a period of three (3) years from the date of the filing.

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     (f) Any and all bail money relating to a case which remains on deposit at the time of the

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expungement shall be forfeited to the state general fund.

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     SECTION 3. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3

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

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     12-1.3-2. Motion for expungement. -- (a) Any person who is a first offender may file a

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motion for the expungement of all records and records of conviction for a felony or misdemeanor

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by filing a motion in the court in which the conviction took place, provided that no person who

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has been convicted of a crime of violence shall have his or her records and records of conviction

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expunged provided all outstanding court-imposed or court-related fees, fines, costs, assessments,

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charges and/or any other monetary obligations have been paid.

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      (b) Subject to subsection (a) of this section, a person may file a motion for the

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expungement of records relating to a misdemeanor conviction after five (5) years from the date of

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the completion of his or her sentence.

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      (c) Subject to subsection (a) of this section, a person may file a motion for the

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expungement of records relating to a felony conviction after ten (10) years from the date of the

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completion of his or her sentence.

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

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

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

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

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

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

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

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filing the motion if it finds:

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

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

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

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there are no criminal proceedings pending against the person, the person does not owe any

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outstanding court-imposed or court-related fees, fines, costs, assessments, and/or charges and he

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or she has exhibited good moral character;

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

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

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

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

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relating to the conviction expunged and all index and other references to it deleted removed from

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public inspection. A copy of the order of the court shall be sent to any law enforcement agency

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and other agency known by either the petitioner, the department of the attorney general, or the

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court to have possession of the records. Compliance with the order shall be according to the terms

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specified by the court.

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     (d) Any and all bail money relating to a case which remains on deposit at the time of the

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expungement shall be forfeited to the state general fund.

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     SECTION 4. Section 12-10-12 of the General Laws in Chapter 12-10 entitled

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"Preliminary Proceedings in District Courts" is hereby amended to read as follows:

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     12-10-12. Filing of complaints. -- (a) Subject to any other provisions of law relative to

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the filing of complaints for particular crimes, any judge of the district court or superior court may

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place on file any complaint in a criminal case other than a complaint for the commission of a

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felony or a complaint against a person who has been convicted of a felony or a private complaint.

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The court may in its discretion require, as a condition of the filing, the performance of services

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for the public good or may attach any other conditions to it that the court shall determine;

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provided, in cases where the court ordered restitution totals less than two hundred dollars ($200)

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to an injured party pursuant to this section or section 12-19-34, the court shall require that full

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restitution be made at the time of sentencing if the court determines that the defendant has the

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present ability to make the restitution.

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      (b) It shall be an express condition Express conditions of any filing in accordance with

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this section shall be that the defendant shall at all times during the one year keep the peace and be

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of good behavior and shall have paid all outstanding court-imposed or court-related fees, fines,

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costs, assessment, charges, and/or any other monetary obligations. A violation of that these

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express condition conditions or any other condition(s) set by the court shall be deemed a violation

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of the filing and the matter which was filed may be resurrected by the court. A determination of

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whether a violation has occurred shall be made by the court in accordance with the procedures

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relating to a violation of probation, sections 12-19-9 and 12-19-14.

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      (c) In the event the complaint was originally filed under this section subsequent to the

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defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

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been a violation, may sentence the defendant. In the event the court filed the complaint under this

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section while the defendant maintained a plea of not guilty, if the court finds there to have been a

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violation, it may proceed to the further disposition of the complaint according to law. If no action

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is taken on the complaint for a period of one year following the filing, the complaint shall be

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automatically quashed and destroyed expunged. All records relating to the complaint shall be

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expunged pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the

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complaint has been entered into a docket or alphabetical index, whether kept in writing or in an

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electronic information storage system or other data compilation system, all references to the

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identity of the person charged by the complaint shall be removed from the docket or index. No

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criminal record shall result; provided, that in any civil action for a tort, a plea of guilty or a

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finding of guilty should be admissible notwithstanding the fact that the complaint has been filed.

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      (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

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a crime involving domestic violence was originally filed under this section subsequent to the

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defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

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been a violation, may sentence the defendant. In the event the court filed the complaint for a

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crime involving domestic violence under this section while the defendant maintained a plea of not

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guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

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the complaint for a crime involving domestic violence according to law. If, for a period of one

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year after the date of filing the defendant is not charged with a violation pursuant to subsection

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(b) of this section, the filed complaint for the crime involving domestic violence shall be

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automatically quashed and shall not be resurrected expunged without the requirement of filing a

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motion pursuant to chapter 12-1.3. If, for a period of three (3) years after the date of filing, the

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defendant is not charged with a crime involving domestic violence, or if so charged, is acquitted

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or the complaint is dismissed, all records relating to the filed complaint for a crime involving

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domestic violence shall be expunged without the requirement of filing a motion pursuant to

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chapter 12-1.3 pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the

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complaint for a crime involving domestic violence has been entered into a docket or alphabetical

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index, whether kept in writing or in an electronic information storage system or other data

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compilation system, all references to the identity of the person charged by the complaint for a

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crime involving domestic violence shall be removed from the docket index at the same time the

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complaint is quashed or destroyed. No criminal records shall result, unless in any civil action for

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a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that

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the complaint has been filed. Provided however, that in sentencing a defendant for a crime

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involving domestic violence of which the defendant was charged within three (3) years after the

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filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo

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contendere, the court may take the plea into consideration.

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     (e) Any and all bail money relating to a case which remains on deposit at the time of the

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expungement shall be forfeited to the state general fund.

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     SECTION 5. Section 31-41.1-10 of the General Laws in Chapter 31-41.1 entitled

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"Adjudication of Traffic Offenses" is hereby amended to read as follows:

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     31-41.1-10. Expungement. -- All violations within this title which are in the jurisdiction

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of the traffic tribunal or of a municipal court shall by operation of law, after three (3) years,

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following adjudication of the violation and after expiration of any mandatory state or federal

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record-retention period, be deleted expunged from the records of the traffic tribunal or the

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municipal court and from the records of the division of motor vehicles. These deletions

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expungements shall be in addition to and not in place of any expungement made without the

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requirement of filing a motion as provided for by chapter 1.3 of title 12.

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     SECTION 6. This act shall take effect upon passage.

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LC01964

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- CRIMINAL PROCEDURE--

EXPUNGEMENTS

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     This act would make uniform the process used to handle various types of expungements

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of court records. The act would also require that all outstanding court-imposed or court-related

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fees, fines and/or any other monetary obligations owed by a defendant be paid as a condition of

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expungement and would provide that all bail money relating to a case which remains on deposit

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at the time of the expungement be forfeited to the state general fund.

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     This act would take effect upon passage.

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LC01964

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