2024 -- H 8342

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LC006130

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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 McEntee, Cruz, Knight, Craven, Caldwell, Dawson,
Batista, Felix, J. Lombardi, and Hull

     Date Introduced: June 07, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

     12-1.3-1. Definitions.

     For purposes of this chapter only, the following definitions apply:

     (1) “Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with

intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual

assault, first and second degree child molestation, assault with intent to murder, assault with intent

to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling

house with intent to commit murder, robbery, sexual assault, or larceny.

     (2) “Expungement of records and records of conviction” means the sealing and retention

of all records of a conviction and/or probation and the removal from active files of all records and

information relating to conviction and/or probation.

     (3) “First offender” means a person who has been convicted of a felony offense or a

misdemeanor offense, and who has not been previously convicted of or placed on probation for a

felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.

     (4) “Law enforcement agency” means a state police organization of this or any other state,

the enforcement division of the department of environmental management, the office of the state

fire marshal, the capitol police, a law enforcement agency of the federal government, and any

agency, department, or bureau of the United States government which has as one of its functions

the gathering of intelligence data.

     (5) "Misdemeanor" includes, but is not limited to, those crimes previously classified as

felonies under law at the time the original sentence was imposed but reclassified by the general

assembly as a misdemeanor in the interim, prior to the time the motion to expunge is brought.

     (5)(6) “Records” and “records of conviction and/or probation” include all court records, all

records in the possession of any state or local police department, the bureau of criminal

identification and the probation department, including, but not limited to, any fingerprints,

photographs, physical measurements, or other records of identification. The terms “records” and

“records of conviction, and/or probation” do not include the records and files of the department of

attorney general which are not kept by the bureau of criminal identification in the ordinary course

of the bureau’s business.

     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 redefine misdemeanors for expungement purposes and make prior felonies,

subsequently reclassified as misdemeanors, eligible for expungement pursuant to §§ 12-1.3-2 and

12-1.3-3.

     This act would take effect upon passage.

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