(a) By operation of law, the court shall automatically seal the records of any criminal
case that was dismissed pursuant to the district court rule of criminal procedure
48(a), including all records of the division of criminal identification established
by § 12-1-4 without the requirement of filing a motion under the following circumstances:
(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on
or after January 1, 2023, shall be automatically sealed not less than ten (10) days
and not more than twenty (20) days after the dismissal; or
(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior
to January 1, 2023, shall be sealed administratively by the court clerk at the request
of the defendant and any sealing order of the district court entered as a result shall
be sent electronically by the clerk of the court to the bureau of criminal identification
established by § 12-1-4 within five (5) days of the entry of the order and shall be carried out within ninety
(90) days of the receipt of the order.
(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,
including, but not limited to, dismissals not described in subsection (a) of this
section or filing of a no true bill or no information, may file a motion for the sealing
of his or her court records in the case.
(1) Any person filing a motion for sealing his or her court records pursuant to this section
shall give notice of the hearing date set by the court to the department of the attorney
general and the police department that originally brought the charge against the person
at least ten (10) days prior to the hearing.
(2) If the court, after the hearing at which all relevant testimony and information shall
be considered, finds that the person is entitled to the sealing of the records, it
shall order the sealing of the court records of the person in that case.
(3) The clerk of the court shall, within forty-five (45) days of the order of the court
granting the motion, place under seal the court records in the case in which the acquittal,
dismissal, no true bill, no information, or other exoneration has been entered.
(c) Notwithstanding any other provision of this section, in all cases involving a filing
subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime
involving domestic violence, the court having jurisdiction over the case shall retain
the records of the case for a period of three (3) years from the date of filing. The
records shall not be expunged or sealed for a period of three (3) years from the date
of the filing.
(d) The defendant shall be advised at the hearing that any and all bail money relating
to a case that remains on deposit and is not claimed at the time of sealing shall
be escheated to the state’s general treasury in accordance with chapter 12 of title 8.
Notes of Decisions
State v. Linda A. Diamante, 83 A.3d 546 (R.I. 2014).
· cites it 13× “Specifically, defendant argues that § 12-l-12(a) and § 12-1-12.1(a) are in conflict because, in her view, § 12-l-12(a) mandates the sealing of all court records relating to a charge on which an individual has been exonerated, whereas § 12-1-12.”
State v. Doris E. Poulin, 66 A.3d 419 (R.I. 2013).
· cites it 7× “In accordance with G.L.1956 § 12-1-12.1, 1 defendant moved in the District *422 Court to have the records related to those two misdemeanor charges sealed and, further, to have the law-enforcement-identification records related to those charges destroyed.”
State v. Faria, 947 A.2d 863 (R.I. 2008).
· cites it 6× “1 In a separate filing, defendant also *865 requested that the court records relating to the complaint “be sealed and/or expunged,” apparently relying upon § 12-1-12.1. 2 Sections 12-1-12 and 12-1-12.”
TARZIA v. State, 44 A.3d 1245 (R.I. 2012).
· cites it 5× “G.L. § 12-1-12.1 and the police records of the above matter are ordered destroyed pursuant to § 12-1-12.”
State v. James Briggs. State v. Anna M. Matthias (Mathias), 58 A.3d 164 (R.I. 2013).
“ffense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or…”
Laureano (D.R.I. 2025).
· cites it 3× “ffense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or…”
State ex rel. Coventry Police Dep't v. Zachary Charlwood (R.I. 2020).
“ffense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or…”
R.I. Gen. Laws § 12-1-12.1(a): 2 cases
State v. Linda A. Diamante, 83 A.3d 546 (R.I. 2014).
“Specifically, defendant argues that § 12-l-12(a) and § 12-1-12.1(a) are in conflict because, in her view, § 12-l-12(a) mandates the sealing of all court records relating to a charge on which an individual has been exonerated, whereas § 12-1-12.”
State v. Doris E. Poulin, 66 A.3d 419 (R.I. 2013).
“In accordance with G.L.1956 § 12-1-12.1, 1 defendant moved in the District *422 Court to have the records related to those two misdemeanor charges sealed and, further, to have the law-enforcement-identification records related to those charges destroyed.”
R.I. Gen. Laws § 12-1-12.1(b): 1 case
R.I. Gen. Laws § 12-1-12.1(d): 1 case
State v. Faria, 947 A.2d 863 (R.I. 2008).
“1 In a separate filing, defendant also *865 requested that the court records relating to the complaint “be sealed and/or expunged,” apparently relying upon § 12-1-12.1. 2 Sections 12-1-12 and 12-1-12.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.