2021 -- H 5636

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LC000582

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS--

IDENTIFICATION AND APPREHENSION OF CRIMINALS

     

     Introduced By: Representatives Knight, Speakman, Felix, and Batista

     Date Introduced: February 22, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled

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"Expungement of Criminal Records" are hereby amended to read as follows:

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     12-1.3-2. Motion for expungement.

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     (a) Any person who is a first offender may file a motion for the expungement of all records

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and records of conviction for a felony or misdemeanor by filing a motion in the court in which the

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conviction took place; provided, that no person who has been convicted of a crime of violence shall

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have his or her records and records of conviction expunged; and provided, that all outstanding

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court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary

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obligations have been paid, unless such amounts are reduced or waived by order of the court.

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     (b) Notwithstanding § 12-1.3-1(3) ("first offender"), any person who has been convicted

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of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted

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of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a

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motion in the court in which the convictions took place; provided that convictions for offenses

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under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged

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under this subsection.

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     (c) Subject to subsection (a), a person may file a motion for the expungement of records

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relating to a misdemeanor conviction after five (5) years from the date of the completion of his or

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her sentence.

 

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     (d) Subject to subsection (a), a person may file a motion for the expungement of records

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relating to a felony conviction after ten (10) years from the date of the completion of his or her

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sentence; provided, however, that any person convicted of an offense constituting simple

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possession of a controlled substance under § 21-28-4.01 may file a motion for expungement of

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records after five (5) years.

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     (e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this

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section, a person may file a motion for the expungement of records relating to a deferred sentence

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upon its completion, after which the court will hold a hearing on the motion.

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     (f) Subject to subsection (b) of this section, a person may file a motion for the expungement

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of records relating to misdemeanor convictions after ten (10) years from the date of the completion

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of their last sentence.

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     (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person

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may file a motion for the expungement of records related to an offense that has been decriminalized

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subsequent to the date of their conviction, after which the court will hold a hearing on the motion

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in the court in which the original conviction took place.

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     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.

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     (a) Any person filing a motion for expungement of the records of his or her conviction

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pursuant to § 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 that originally brought the charge against the person at

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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)(i) 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 for

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

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are no criminal proceedings pending against the person; that the person does not owe any

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outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such

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amounts are reduced or waived by order of the court, and he or she has exhibited good moral

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character;

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     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the

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person has complied with all of the terms and conditions of the deferral agreement including, but

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not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

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restitution to victims of crimes; there are no criminal proceedings pending against the person; and

 

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he or she has established good moral character. Provided, that no person who has been convicted

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of a crime of violence shall have their records relating to a deferred sentence expunged; or

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     (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of

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the motion, if the convictions were for multiple misdemeanors, the petitioner has not been

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convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending

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against the person; and they have exhibited good moral character; and, provided that convictions

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for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be

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expunged under this subsection.

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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 hundred

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dollar ($100) fee to be paid to the court, upon no costs to the petitioner, order all records and records

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of conviction relating to the conviction expunged and all index and other references to it removed

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from public inspection. A copy of the order of the court shall be sent to any law enforcement agency

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and other agency known by either the petitioner, the department of the attorney general, or the court

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to have possession of the records. Compliance with the order shall be according to the terms

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specified by the court.

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     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

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case that remains on deposit and is not claimed at the time of expungement shall be escheated to

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the state's general treasury in accordance with chapter 12 of title 8.

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     (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing

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at which it finds that all conditions of the original criminal sentence have been completed, and any

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and all fines, fees, and costs related to the conviction have been paid in full, order the expungement

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without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate

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that the prior criminal conviction would qualify as a decriminalized offense under current law. The

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demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to

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the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island

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law.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS--

IDENTIFICATION AND APPREHENSION OF CRIMINALS

***

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     This act would make those persons convicted of felony simple possession of a controlled

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substance eligible for expungement five (5) years after completion of their sentence. The act would

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also repeal the requirement that those seeking expungement pay a fee to the court.

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     This act would take effect upon passage.

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