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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Knight, Speakman, Dawson, Batista, Craven, McEntee,
Ajello, Felix, Cruz, and Caldwell

     Date Introduced: January 05, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

"Expungement of Criminal Records" are 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) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted

solely of one felony and one misdemeanor may file a motion for the expungement of the felony by

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

offenses under chapter 47 of title 11; chapter 67.1 of title 11; chapter 29 of title 12; or offenses

under §§ 11-5-2; 11-5-4; 11-5-10.1; 11-5-10.2; 11-5-10.4; 11-5-14.1; 11-5-14.2; 11-9-5; 11-9-5.3;

11-9-5.4; 31-26-1(d); 31-27-1; 31-27-2.2 or any crime of violence as defined in the general laws

shall not be eligible for and may not be expunged under this subsection.

     (1) Eligibility to be heard on a motion to expunge under this subsection shall only exist if

the movant has waited fifteen (15) years from the date of the completion of the movant's last

sentence, and has complied with all requirements for filing a motion to expunge.

     (c)(d) 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)(e) 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.

     (e)(f) 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)(g) 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)(h) 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.

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

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

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

attorney general and the police department that originally brought the charge against the person at

least ten (10) days prior to that date.

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

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

filing the motion if it finds:

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

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

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

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

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

character;

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

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

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

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

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

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

     (iii) Subject only to §§ 12-1.3-2(b), (c), (g) and (h) and (f), that in the ten (10) years

preceding the filing of the motion, if the convictions were for multiple misdemeanors, the petitioner

has not been convicted nor arrested for any felony or misdemeanor; there are no criminal

proceedings pending against the person; and they have exhibited good moral character; and,

provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not

eligible and may not be expunged under this subsection.

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

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

     (c) If the court grants the motion, it shall order all records and records of conviction relating

to the conviction expunged and all index and other references to it removed from public inspection.

A copy of the order of the court shall be sent to any law enforcement agency and other agency

known by either the petitioner, the department of the attorney general, or the court to have

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

the court.

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

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

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

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

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

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

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

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

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

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

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

***

     This bill would allow under certain circumstances the expungement of one felony when

the defendant has one misdemeanor conviction. Crimes of violence and other victim related

felonies are excluded from expungement. Additionally, the defendant must wait 15 years prior to

filing a motion to expunge.

     This act would take effect upon passage.

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