AN ACT RELATING TO CRIMINAL PROCEDURES -- IDENTIFICATION AND APPREHENSION OF CRIMINALS (Provides that individual counts of a district court criminal complaint dismissed pursuant to Rule 48(a) would be sealed administratively by the court clerk upon the defendant’s request.)

H7555

2026 -- H 7555
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO CRIMINAL PROCEDURES -- IDENTIFICATION AND APPREHENSION
OF CRIMINALS

Introduced By:
Representatives Felix, McEntee, Knight, Craven, Ajello, Batista, Cruz,
Dawson, J. Lombardi, and Sanchez

Date Introduced:
February 06, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled
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"Identification and Apprehension of Criminals" is hereby amended to read as follows:
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12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated by
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operation of law or by motion.
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(a) By operation of law, the court shall automatically seal the records of any criminal case
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that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all
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records of the division of criminal identification established by § 12-1-4 without the requirement
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of filing a motion under the following circumstances:
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(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or
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after January 1, 2023, shall be automatically sealed not less than ten (10) days and not more than
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twenty (20) days after the dismissal; or
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(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to
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January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant
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and any sealing order of the district court entered as a result shall be sent electronically by the clerk
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of the court to the bureau of criminal identification established by § 12-1-4 within five (5) days of
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the entry of the order and shall be carried out within ninety (90) days of the receipt of the order
.
; or
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(3) Individual counts of a criminal complaint dismissed pursuant to district court rule of
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criminal procedure 48(a) on and after October 1, 2026, shall be sealed administratively by the court

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clerk, upon request of the defendant, following the conclusion of the matter in district court. Any
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sealing order of the district court shall be sent electronically by the clerk of the court to the bureau
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of criminal identification established by §12-1-4 within five (5) days of the entry of the order, and
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shall be carried out within ninety (90) days of the order.
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(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,
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including, but not limited to, dismissals not described in subsection (a) of this section or filing of a
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no true bill or no information, may file a motion for the sealing of his or her court records in the
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case.
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(1) Any person filing a motion for sealing his or her court records pursuant to this section
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shall give notice of the hearing date set by the court to the department of the attorney general and
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the police department that originally brought the charge against the person at least ten (10) days
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prior to the hearing.
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(2) If the court, after the hearing at which all relevant testimony and information shall be
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considered, finds that the person is entitled to the sealing of the records, it shall order the sealing
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of the court records of the person in that case.
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(3) The clerk of the court shall, within forty-five (45) days of the order of the court granting
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the motion, place under seal the court records in the case in which the acquittal, dismissal, no true
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bill, no information, or other exoneration has been entered.
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(c) Notwithstanding any other provision of this section, in all cases involving a filing
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subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving
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domestic violence, the court having jurisdiction over the case shall retain the records of the case
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for a period of three (3) years from the date of filing. The records shall not be expunged or sealed
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for a period of three (3) years from the date of the filing.
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(d) The defendant shall be advised at the hearing that any and all bail money relating to a
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case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state’s
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general treasury in accordance with chapter 12 of title 8.
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SECTION 2. This act shall take effect on October 1, 2026.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURES -- IDENTIFICATION AND APPREHENSION
OF CRIMINALS
***
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This act would provide that on and after October 1, 2026, individual counts of a criminal
2
complaint dismissed pursuant to district court rule of criminal procedure 48(a) would be sealed
3
administratively by the court clerk, upon request of the defendant, following the conclusion of the
4
matter in district court. Any sealing order would be sent to the bureau of criminal identification.
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This act would take effect on October 1, 2026.
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