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

     

     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:

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     SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled

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

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     12-1.3-4. Effect of expungement of records — Access to expunged records —

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Wrongful disclosure.

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     (a) Any person having his or her record expunged shall be released from all penalties and

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disabilities resulting from the crime of which he or she had been convicted, except, upon conviction

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of any subsequent crime, the expunged conviction may be considered as a prior conviction in

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determining the sentence to be imposed.

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     (b) In any application for employment, license, or other civil right or privilege, or any

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appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this

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chapter may state that he or she has never been convicted of the crime; provided, that if the person

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is an applicant for a law enforcement agency position, for admission to the bar of any court, an

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applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16-

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11.1-1, or the operator or employee of an early childhood education facility pursuant to chapter

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48.1 of title 16, or an applicant for a license or permit to carry a pistol or revolver under §§ 11-47-

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11 or 11-47-18, the person shall disclose the fact of a conviction.

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     (c) Whenever the records of any conviction and/or probation of an individual for the

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commission of a crime have been expunged under the provisions of this chapter, any custodian of

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the records of conviction relating to that crime shall not disclose the existence of the records upon

 

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inquiry from any source unless the inquiry is that of the individual whose record was expunged,

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that of a sentencing court following the conviction of the individual for the commission of a crime,

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or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or

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court which is considering a bar admission, character and fitness, or disciplinary matter, or that of

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the commissioner of elementary and secondary education, or that of any law enforcement agency

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when the nature and character of the offense with which an individual is to be charged would be

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affected by virtue of the person having been previously convicted of the same offense, or that of

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any law enforcement agency which is considering the issuance of a license or permit to carry a

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pistol or revolver under §§ 11-47-11 or 11-47-18.

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     (d) The custodian of any records which have been expunged pursuant to the provisions of

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this chapter shall only release or allow access to those records for the purposes specified in

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subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully

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refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this

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section or willfully releases or willfully allows access to records of conviction, knowing them to

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have been expunged, shall be civilly liable.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would allow a law enforcement agency to consider expunged records when issuing

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a license or permit to carry a pistol or revolver.

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     This act would take effect upon passage.

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LC005573

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