2016 -- H 7858

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LC004973

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL PROCEDURE-EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Coughlin, Solomon, Kazarian, Edwards, and Johnston

     Date Introduced: March 04, 2016

     Referred To: House Judiciary

     (Dept. of Children and Families)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is hereby amended to read as follows:

     12-1.3-4. Effect of expungement of records – Access to expunged records – Wrongful

disclosure. -- (a) Any person having his or her record expunged shall be released from all

penalties and disabilities resulting from the crime of which he or she had been convicted, except,

upon conviction of any subsequent crime, the expunged conviction may be considered as a prior

conviction in determining the sentence to be imposed.

     (b) In any application for employment, license, or other civil right or privilege, or any

appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this

chapter may state that he or she has never been convicted of the crime; provided, that if the

person is an applicant for a law enforcement agency position, for admission to the bar of any

court, an applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate

under § 16-11.1-1, or the operator or employee of an early childhood education facility pursuant

to chapter 48.1 of title 16, or subject to a criminal records check pursuant to the provisions of

§40-13.2 et seq., the person shall disclose the fact of a conviction.

     (c) Whenever the records of any conviction and/or probation of an individual for the

commission of a crime have been expunged under the provisions of this chapter, any custodian of

the records of conviction relating to that crime shall not disclose the existence of the records upon

inquiry from any source unless the inquiry is that of the individual whose record was expunged,

that of a sentencing court following the conviction of the individual for the commission of a

crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or

agency, or court which is considering a bar admission, character and fitness, or disciplinary

matter, or that of the commissioner of elementary and secondary education, or that of the director

of the department of children, youth and families when an individual is required to undergo a

criminal records check pursuant to §40-13.2 et seq., or that of any law enforcement agency when

the nature and character of the offense with which an individual is to be charged would be

affected by virtue of the person having been previously convicted of the same offense.

     (d) The custodian of any records which have been expunged pursuant to the provisions of

this chapter shall only release or allow access to those records for the purposes specified in

subsections (b) or (c) of this section or by order of a court. Any agency and/or person who

willfully refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2,

or this section or willfully releases or willfully allows access to records of conviction, knowing

them to have been expunged, shall be civilly liable.

     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-EXPUNGEMENT OF CRIMINAL RECORDS

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     This act would make all criminal records, despite expungement, available to the

department of children, youth and families, for any individual seeking certification as a child care

or youth serving agency worker pursuant to §40-13.2 et seq.

     This act would take effect upon passage.

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