2022 -- S 2904

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LC005739

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Senators Archambault, Burke, F Lombardi, Coyne, Ruggerio, Euer, and
Rogers

     Date Introduced: April 26, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled

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

     12-1.3-2. Motion for expungement.

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

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

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

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

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

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

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

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

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

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

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

under this subsection.

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

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

her sentence.

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

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

sentence unless the felony was punishable by ten (10) years or less and did not constitute a sex

registration offense as defined by § 11-37.1-3, a felony crime of domestic violence as defined by §

12-29-2(a), or a firearms offense contained within chapter 47 of title 11. In such cases, a motion of

expungement of records may be filed five (5) years from the completion of his or her sentence.

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

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

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

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

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

of their last sentence.

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

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

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

in the court in which the original conviction took place.

     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

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     This act would allow persons convicted of a felony punishable by ten (10) years or less to

file a motion for expungement five (5) years from the completion of his or her sentence except for

sex registration, domestic violence or weapons felony offense convictions.

     This act would take effect upon passage.

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LC005739

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