It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-1-12 and 12-1-12.1 of the General Laws in Chapter 12-1 entitled "Identification and Apprehension of Criminals" are hereby amended to read as follows:

12-1-12. Destruction or sealing of records of persons acquitted or otherwise exonerated. -- Any fingerprint, photograph, physical measurements, or other record of identification, heretofore or hereafter taken by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town or any other officer authorized by this chapter to take them, of a person under arrest, prior to the final conviction of the person for the offense then charged, shall be destroyed by {ADD all ADD} the office{ADD s ADD} or department{ADD s ADD} having the custody or possession within forty-five (45) days after {ADD there has been an acquittal, dismisal, no true bill, no information ADD} the acquittal or other exoneration if the person is acquitted or {ADD the person has been ADD} otherwise exonerated from the offense with which he or she is charged, and the clerk of court where {ADD such ADD} the acquittal or exoneration has taken place shall, consistent with section 12-1-12.1, place under seal all records of the person in said case; provided, that the person shall not have been previously convicted of any felony offense. Any person who shall violate any provision of this section shall be fined not exceeding one hundred dollars ($100).

{ADD The requirements of this section shall also apply to persons detained by police, but not arrested or charged with an offense. ADD}

12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated. -- (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case{ADD , included but not limited to dismissal or filing of a no true bill or no information, ADD} may file a motion for the sealing of his or her court records in the case, provided, that no person who has been convicted of a felony shall have his or her court records sealed pursuant to this section.

(b) 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 which originally brought the charge against the person at least ten (10) days prior to the hearing.

(c) 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.

(d) 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 {ADD in which the acquittal, dismissal, no true bill, no information or other exoneration has been entered ADD} of the person who has been acquitted or otherwise exonerated .

SECTION 2. This act shall take effect upon passage.