Rhode Island House Bill H5697

Rhode Island 2023 Regular Session

• Introduced: 2/17/23
• Refer: 2/17/23

Caption

Identification And Apprehension Of Criminals

Impact

The bill significantly impacts state laws concerning criminal procedures by ensuring that individuals who have their charges dropped or dismissed are afforded the right for their records to be sealed. This change aims to reduce barriers for those individuals in reintegrating into society after an acquittal, thereby promoting fairness in the legal system. Importantly, the bill provides a streamlined process for sealing records, which could help alleviate the unintended stigma that follows individuals after wrongful accusations or dismissals.

Summary

House Bill 5697 focuses on amending the procedures related to the sealing of criminal records for individuals who are acquitted or otherwise exonerated. The legislation proposes that records of criminal cases dismissed under specific conditions are to be automatically sealed by the court without requiring the individual to file a motion. This automatic sealing process is applied to cases dismissed after January 1, 2023, and aims to simplify the legal procedures for individuals seeking to clear their records.

Contention

Notable points of contention around H5697 include concerns from various stakeholders about the implications of automatically sealing records. Some lawmakers may view it as a necessary protective measure for individuals wrongly accused, while others could argue that it complicates matters for law enforcement agencies in accessing past criminal histories for legitimate reasons. The provision that retains records in cases of domestic violence for three years might also raise discussions about the balance between protecting survivors and the rights of individuals exonerated of charges.