AN ACT RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF CRIMINALS (Requires superior court clerk to automatically seal cases/individual counts of a criminal complaint/indictment that were dismissed, upon request of defendant and serve it upon bureau of criminal identification, police department and counsel of record.)

S2127

2026 -- S 2127
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LC003974
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF
CRIMINALS

Introduced By:
Senators Dimitri, LaMountain, Famiglietti, and Bissaillon

Date Introduced:
January 16, 2026

Referred To:
Senate 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
. Counsel of record for the defendant shall be provided two (2)
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certified copies of the sealing order, which may be sent electronically
; 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
and served upon the
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arresting law enforcement agency
within five (5) days of the entry of the order and shall be carried
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out within ninety (90) days of the receipt of the order.
Counsel of record for the defendant shall be

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provided two (2) certified copies of the sealing order, which may be sent electronically.
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(3) Cases or individual counts of a criminal complaint or indictment dismissed pursuant to
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the superior court rule of criminal procedure 48(a) shall be sealed administratively by the court
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clerk at the request of the defendant and any sealing order of the superior court entered as a result
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shall be sent electronically by the clerk of the court to the bureau of criminal identification
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established by § 12-1-4 and served upon the arresting law enforcement agency, within five (5) days
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of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.
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Counsel of record for the defendant shall be provided two (2) certified copies of the sealing order,
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which may be sent electronically.
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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 upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF
CRIMINALS
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This act would require the superior court clerk to automatically seal cases or individual
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counts of a criminal complaint or indictment that were dismissed, upon request of the defendant
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and would require the clerks in the district and superior courts to serve the orders upon the bureau
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of criminal identification, the arresting law enforcement agency and provide two (2) certified copies
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to counsel of record.
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This act would take effect upon passage.
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