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:

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

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

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

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

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

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

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conviction in determining the sentence to be imposed.

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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them to have been expunged, shall be civilly liable.

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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-EXPUNGEMENT OF CRIMINAL RECORDS

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

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

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

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     This act would take effect upon passage.

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