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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Senators Bissaillon, Dimitri, Quezada, and Urso

     Date Introduced: March 21, 2025

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-1.3-1, 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:

     12-1.3-1. 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 that 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.

     (6) “Other prohibited offenses” include:

     (i) § 11-5-4 ("assault with dangerous weapon in dwelling house");

     (ii) § 11-5-10.1 ("assault on persons sixty (60) years or older causing serious bodily

injury");

     (iii) § 11-5-10.2 ("assault on a person with severe impairments causing serious bodily

injury");

     (iv) § 11-5-10.4 ("assault on persons sixty (60) years of age or older by a caretaker causing

serious bodily injury");

     (v) § 11-5-14.1 ("assault on a child in care of DCYF causing serious bodily injury");

     (vi) § 11-5-14.2 ("battery by an adult upon child ten (10) years of age or younger causing

serious bodily injury");

     (vii) § 11-9-5 ("cruelty to or neglect of child");

     (viii) § 11-9-5.3 ("child abuse -- Brendan's law");

     (ix) § 11-9-5.4 ("child endangerment");

     (x) § 11-37.1-2(f) ("criminal offense against a victim who is a minor");

     (xi) Chapter 47 of title 11 ("weapons");

     (xii) Chapter 67.1 of title 11 ("uniform act on prevention of and remedies for human

trafficking");

     (xiii) § 31-26-1(d) ("duty to stop in accidents resulting in personal injury");

     (xiv) § 31-27-1 ("driving so as to endanger, resulting in death");

     (xv) § 31-27-2.2 ("driving under the influence of liquor or drugs, resulting in death").

     (6)(7) “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

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“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.

     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, which is a crime of violence or other prohibited offenses, as defined in this chapter,

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

of more than one felony, but fewer than five (5) felonies, and has not been convicted of a crime of

violence, or other prohibited offenses, may file a motion for the expungement of any or all of those

felonies 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, crimes of violence

and other prohibited offenses are not eligible for and may not be expunged under this subsection.

Said person shall not be eligible to expunge the remainder of felony offenses otherwise not

prohibited after a successful expungement subject to other provisions of this section.

     (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.

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     (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.

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

of records relating to felony convictions after fifteen (15) years from the date of the completion of

their last sentence.

     (g)(i) 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

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) and (f)(g), 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

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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; or

     (iv) Subject only to §§ 12-1.3-2 (c) and (h), that in the fifteen (15) years preceding the

filing of the motion, if the convictions were for multiple felonies, 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, crimes of violence and other

prohibited offenses 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. The

hearing judge may consider the person’s background, employment, community ties and

involvement in their community and other relevant considerations, and make a determination upon

the preponderance of the evidence that the person seeking expungement exhibits good moral

character. No one factor that the hearing judge considers shall be determinative; provided, however,

the judge may consider the person’s overall rehabilitative progress since their conviction. The judge

may, but is not required to, order and/or request that the department of probation and parole provide

a copy of the person’s probation/parole file for review before making a final determination.

     (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

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law.

     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 act would permit those individuals convicted of multiple felonies and misdemeanors

to have their records expunged and provide criteria for the court to consider in determining whether

the person is of good moral character.

     This act would take effect upon passage.

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