2024 -- H 7828 | |
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LC005573 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS | |
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Introduced By: Representatives Craven, and McEntee | |
Date Introduced: March 01, 2024 | |
Referred To: House Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled |
2 | "Expungement of Criminal Records" is hereby amended to read as follows: |
3 | 12-1.3-4. Effect of expungement of records — Access to expunged records — |
4 | Wrongful disclosure. |
5 | (a) Any person having his or her record expunged shall be released from all penalties and |
6 | disabilities resulting from the crime of which he or she had been convicted, except, upon conviction |
7 | of any subsequent crime, the expunged conviction may be considered as a prior conviction in |
8 | determining the sentence to be imposed. |
9 | (b) In any application for employment, license, or other civil right or privilege, or any |
10 | appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this |
11 | chapter may state that he or she has never been convicted of the crime; provided, that if the person |
12 | is an applicant for a law enforcement agency position, for admission to the bar of any court, an |
13 | applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16- |
14 | 11.1-1, or the operator or employee of an early childhood education facility pursuant to chapter |
15 | 48.1 of title 16, or an applicant for a license or permit to carry a pistol or revolver under §§ 11-47- |
16 | 11 or 11-47-18, the person shall disclose the fact of a conviction. |
17 | (c) Whenever the records of any conviction and/or probation of an individual for the |
18 | commission of a crime have been expunged under the provisions of this chapter, any custodian of |
19 | the records of conviction relating to that crime shall not disclose the existence of the records upon |
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1 | inquiry from any source unless the inquiry is that of the individual whose record was expunged, |
2 | that of a sentencing court following the conviction of the individual for the commission of a crime, |
3 | or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or |
4 | court which is considering a bar admission, character and fitness, or disciplinary matter, or that of |
5 | the commissioner of elementary and secondary education, or that of any law enforcement agency |
6 | when the nature and character of the offense with which an individual is to be charged would be |
7 | affected by virtue of the person having been previously convicted of the same offense, or that of |
8 | any law enforcement agency which is considering the issuance of a license or permit to carry a |
9 | pistol or revolver under §§ 11-47-11 or 11-47-18. |
10 | (d) The custodian of any records which have been expunged pursuant to the provisions of |
11 | this chapter shall only release or allow access to those records for the purposes specified in |
12 | subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully |
13 | refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this |
14 | section or willfully releases or willfully allows access to records of conviction, knowing them to |
15 | have been expunged, shall be civilly liable. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC005573 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS | |
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1 | This act would allow a law enforcement agency to consider expunged records when issuing |
2 | a license or permit to carry a pistol or revolver. |
3 | This act would take effect upon passage. |
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