2013 -- S 0345

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LC00161

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 12-1.3-3 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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     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. -- (a)

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Any person filing a motion for expungement of the records of his or her conviction pursuant to

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section 12-1.3-2 shall give notice of the hearing date set by the court to the department of the

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attorney general and the police department which originally brought the charge against the person

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at least ten (10) days prior to that date.

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      (b) The court, after the hearing at which all relevant testimony and information shall be

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considered, may in its discretion order the expungement of the records of conviction of the person

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filing the motion if it finds:

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      (1) That in the five (5) years preceding the filing of the motion, if the conviction was for

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a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was

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for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor,

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there are no criminal proceedings pending against the person, and he or she has exhibited good

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moral character;

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      (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

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expungement of the records of his or her conviction is consistent with the public interest.

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      (c) If the court grants the motion, it shall, after payment by the petitioner of a one

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hundred dollar ($100) fee to be paid to the court order all records and records of conviction

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relating to the conviction expunged and all index and other references to it deleted. A copy of the

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order of the court shall be sent to any law enforcement agency and other agency known by either

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the petitioner, the department of the attorney general, or the court to have possession of the

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records. Compliance with the order shall be according to the terms specified by the court.

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     SECTION 2. This act shall take effect upon passage.

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LC00161

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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 eliminate the requirement that a successful petitioner pay a one hundred

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dollar ($100) fee in order to have all records and records of conviction relating to the conviction

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expunged as well as all index and other references to it deleted.

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     This act would take effect upon passage.

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LC00161

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