2013 -- H 5330

=======

LC00040

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Almeida, Diaz, Williams, and Marshall

     Date Introduced: February 07, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

filing the motion if it finds:

1-11

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

1-12

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

1-13

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

1-14

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

1-15

moral character;

1-16

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

1-17

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

1-18

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

1-19

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

1-20

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

2-1

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

2-2

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

2-3

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

2-4

     SECTION 2. This act shall take effect upon passage.

=======

LC00040

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

***

3-1

     This act would eliminate the requirement that a successful petitioner pay a one hundred

3-2

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

3-3

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

3-4

     This act would take effect upon passage.

=======

LC00040

=======