Bill > H5439

This bill amends the existing law regarding the sealing of criminal records by mandating that the district court clerk automatically seal individual counts of criminal complaints upon request of the defendant when those counts are dismissed under Rule 48(a) of the district court rules of criminal procedure. Specifically, for cases dismissed on or after January 1, 2023, the sealing will occur automatically within 10-20 days after dismissal, while for cases dismissed before that date, the defendant must request sealing. The bill requires the court clerk to send the sealing order electronically to the criminal identification bureau within five days and complete the sealing within 90 days of receiving the order. Rule 48(a) typically allows prosecutors to voluntarily dismiss criminal charges, and this bill aims to make the record-sealing process more streamlined and accessible for defendants whose cases have been dismissed. The bill maintains existing provisions for other types of case dismissals and exonerations while adding this specific provision for Rule 48(a) dismissals. The legislation will take effect immediately upon passage.

Justice

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