July/August 2008


in this issue
US Leads World in Illegal Drug Use
Rhode Island Records Expungement Vetoed
InfoMart Introduces Form I9 and EVerify Services
Understanding Your InfoMart Invoice
Visit InfoMart at an Upcoming Tradeshow




LEGAL UPDATE
Rhode Island Records Expungement Vetoed

During a frenzy of vetoing 36 bills approved by the General Assembly, Rhode Island Governor Donald Carcieri vetoed the proposed "quash-and-destroy" bill. The bill called for the automatic destruction of the record of any crime for which an admitted criminal has been given a "deferred" sentence, regardless of the nature of the crime and the age or criminal history of the offender as long as he or she stays out of trouble for five years.

In recent years, the kinds of criminals receiving deferred sentences included: accused stalkers, embezzlers, an admitted accomplice to a gunpoint robbery in a popular public park, an admitted coconspirator in a bribery scandal and at least one child molester.

In his veto message, the governor expressed his concern that the proposed legislation would create special rules for people who plead guilty or no-contest to a felony in order to qualify for a deferred sentence. For starters, he said that it would permit expungement for a violent felony, effectively making it impossible for employers to do meaningful background checks.

If the governor's veto stands, the new expungement law would not take effect. Legislative leaders have not decided yet whether to hold a veto override session before their next scheduled meeting in January, according to spokesmen for the House and Senate. The Assembly held a veto session override session last October, overriding close to three dozen of the 52 bills Carcieri had sought to quash.

The bill has been a high priority for the criminal defense lobby, prisoner-rights advocates and the minority community. They argued that a criminal record prevents people from getting jobs and, in some cases, housing for which they might otherwise be qualified.

Rhode Island currently has one of the most liberal expungement laws in the nation. It allows a judge to permanently seal the record of a nonviolent offense by a first-time offender five years after the individual has completed his or her sentence for a misdemeanor, 10 years after completion of a sentence for a felony.

(Source: http://www.projo.com)