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H 7555Criminal Procedure

Criminal Procedures - Identification and Apprehension of Criminals

Starting October 2026, this bill allows defendants to request the sealing of specific dismissed criminal charges within a case.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 6, 2026Committee House Judiciary

Plain-English Summary

This legislation amends Rhode Island's laws regarding the identification and apprehension of criminals, specifically concerning the sealing of court records. It introduces a provision that allows for the administrative sealing of individual counts within a criminal complaint that are dismissed under district court rule of criminal procedure 48(a). This applies to dismissals occurring on or after October 1, 2026. Upon the defendant's request after the case concludes, the court clerk must process the sealing order and transmit it to the Bureau of Criminal Identification within five days, to be enacted within ninety days.

For younger readers

When someone is accused of breaking the law, the police might list several different things they did wrong. Sometimes, the court decides to drop some of those accusations because there isn't enough proof, even if the person still gets in trouble for other things. This bill says that starting in the year 2026, a person can ask the court to hide the records of those specific dropped accusations. This helps keep their record cleaner. The court workers have to follow specific time limits to make sure these records get hidden properly.

Who & Where It Applies

Impacted groups
Defendants with dismissed chargesDistrict Court ClerksBureau of Criminal IdentificationDefense AttorneysLaw Enforcement Agencies
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes social justice by ensuring that individuals are not permanently stigmatized by charges that the court dismissed, thereby protecting their reputation and future opportunities.
  • Removes barriers to employment and housing by cleaning up criminal records, preventing landlords and employers from discriminating based on dismissed counts.
  • Streamlines the legal process by allowing for administrative sealing rather than requiring a complex legal motion, making relief more accessible to those who cannot afford an attorney.
  • Requires the defendant to actively request the sealing rather than making it automatic, which creates a bureaucratic barrier for individuals who are unaware of their rights or lack legal counsel.
  • Delays the implementation of this justice reform until October 2026, leaving individuals with dismissed counts vulnerable to record-based discrimination for several more years.
  • Does not appear to apply retroactively to individual counts dismissed prior to 2026, potentially leaving many individuals with past dismissed charges without the same remedy.
For Conservatives
  • Upholds the fundamental legal principle of "innocent until proven guilty" by ensuring that citizens are not haunted by government charges that were ultimately dismissed.
  • Increases government efficiency by utilizing an administrative process handled by clerks rather than clogging court dockets with formal hearings for every sealing request.
  • Clarifies the specific timeframe and responsibilities for government employees (clerks and the BCI), promoting accountability within the justice system bureaucracy.
  • Potentially obscures a person's complete interaction with law enforcement, which could prevent employers or community members from seeing a pattern of behavior, even if specific counts were dismissed.
  • Adds administrative burdens and mandates to court clerks and the Bureau of Criminal Identification, potentially distracting from the prosecution and management of active criminal cases.
  • Removes judicial discretion by mandating that the clerk "shall" seal the records upon request, rather than allowing a judge to review the specific context of the dismissal.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions · 1 deletion

SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled "Identification and Apprehension of Criminals" is hereby amended to read as follows: 12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by operation of law or by motion.

(a) By operation of law, the court shall automatically seal the records of any criminal case that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all records of the division of criminal identification established by § 12-1-4 without the requirement of filing a motion under the following circumstances:

(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or after January 1, 2023, shall be automatically sealed not less than ten (10) days and not more than twenty (20) days after the dismissal; or

(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the district court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by § 12-1-4 within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.; or

(3) Individual counts of a criminal complaint dismissed pursuant to district court rule of criminal procedure 48(a) on and after October 1, 2026, shall be sealed administratively by the court clerk, upon request of the defendant, following the conclusion of the matter in district court. Any sealing order of the district court shall be sent electronically by the clerk of the court to the bureau of criminal identification established by §12-1-4 within five (5) days of the entry of the order, and shall be carried out within ninety (90) days of the order.

(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissals not described in subsection (a) of this section or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case.

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

(2) 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.

(3) 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 in which the acquittal, dismissal, no true bill, no information, or other exoneration has been entered.

(c) Notwithstanding any other provision of this section, in all cases involving a filing subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving domestic violence, the court having jurisdiction over the case shall retain the records of the case for a period of three (3) years from the date of filing. The records shall not be expunged or sealed for a period of three (3) years from the date of the filing.

(d) The defendant shall be advised at the hearing that any and all bail money relating to a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state’s general treasury in accordance with chapter 12 of title 8.

SECTION 2. This act shall take effect on October 1, 2026.