An executive order issued by the State Supreme Court Chief Justice describes the procedures and policies involved in determining which records qualify for expungement. This includes investigating specific violations for misdemeanor and felony-level cases.

The Traffic Tribunal, the Superior Courts and District Courts will be responsible for determining which cases qualify for expungement and will also manage the sealing process. Expungement is not automatic; Individuals seeking expungement must file a request with the Clerk's Office in all three agencies either in person or through email. It is anticipated that these expungements should affect nearly 27,000 individuals with convictions solely involving marijuana possession and thousands more who have cannabis convictions on their criminal records. Once a record has been expunged, the record (and any references to it) are no longer available for public view.

Courts are required to submit cases to the Attorney General's office for review prior to expunging petitioned convictions. Civil cases must be reviewed by the Rhode Island Division of Motor Vehicles before receiving expungement.

Ultimately, the U.S. District Court for the District of New Jersey sided with the plaintiffs, ruling that affected subjects have up to six years (not two) to file claims against employers for improper use of criminal histories as described under CHRIA. The court rejected the company's argument based on the concept that "plaintiffs may bring claims [under the CHRIA] analogous to various Pennsylvania common law causes of action, more than simply those sounding in tort."

Plaintiffs who win CHRIA cases can recover actual damages. The statutory minimum is $100 per violation (plus attorneys' fees) and punitive damages range from $1,000 - $10,000 for willful violations. Additionally, CHRIA plaintiffs and others alleging damages from employment denials due to criminal background checks can seek to represent other aggrieved individuals through class cases.