Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0606 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0606
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7	7	LC002128
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMI NAL RECORDS
16	16	Introduced By: Senators Euer, F. Lombardi, LaMountain, DiMario, Miller, Cano,
17	17	Sosnowski, Mack, Zurier, and Lawson
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled 1
24	24	"Expungement of Criminal Records" are hereby amended to read as follows: 2
25	25	12-1.3-2. Motion for expungement Motion for expungement or expungement by 3
26	26	operation by law. 4
27	27	(a) Any person who is a first offender may file a motion for the expungement meets the 5
28	28	following criteria may be eligible for expungement of all records and records of conviction for a 6
29	29	felony or misdemeanor by filing a motion in the court in which the conviction took place;: 7
30	30	(1) For a felony, by motion; provided, that, the no person is a first offender who has not 8
31	31	been convicted of a crime of violence shall have his or her records and records of conviction 9
32	32	expunged; and provided, that all outstanding court-imposed or court-related fees, fines, costs, 10
33	33	assessments, charges, and/or any other monetary obligations have been paid, unless such amounts 11
34	34	are reduced or waived by order of the court. 12
35	35	(2) For a misdemeanor, automatically and by operation of law; provided that, the person is 13
36	36	a first offender who has not been convicted of a crime of violence. Any outstanding court-imposed 14
37	37	or court-related fees, fines, costs, assessments, charges and/or any other monetary obligations shall 15
38	38	be waived. 16
39	39	(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted 17
40	40	of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted 18
41	41	of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a 19
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45	45	motion in the court in which the convictions took place; provided that convictions for offenses 1
46	46	under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged 2
47	47	under this subsection. 3
48	48	(c) Subject to subsection (a) of this section, a person may file a motion for, the automatic 4
49	49	expungement of records relating to a misdemeanor conviction after may be ordered by the court 5
50	50	without motion and by operation of law five (5) years from the date of the completion of his or her 6
51	51	sentence. 7
52	52	(d) Subject to subsection (a), a person may file a motion for the expungement of records 8
53	53	relating to a felony conviction after ten (10) years from the date of the completion of his or her 9
54	54	sentence. 10
55	55	(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 11
56	56	section, a person may file a motion for the expungement of records relating to a deferred sentence 12
57	57	upon its completion, after which the court will hold a hearing on the motion. 13
58	58	(f) Subject to subsection (b) of this section, a person may file a motion for the expungement 14
59	59	of records relating to misdemeanor convictions after ten (10) years from the date of the completion 15
60	60	of their last sentence. 16
61	61	(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 17
62	62	may file a motion for the expungement of records related to an offense that has been decriminalized 18
63	63	subsequent to the date of their conviction, after which the court will hold a hearing on the motion 19
64	64	in the court in which the original conviction took place. 20
65	65	12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for granting 21
66	66	Motion for expungement or expungement by operation of law -- Notice -- Hearing -- Criteria 22
67	67	for granting. 23
68	68	(a) Any person filing a motion for expungement of the records of his or her conviction 24
69	69	pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the 25
70	70	attorney general and the police department that originally brought the charge against the person at 26
71	71	least ten (10) days prior to that date. 27
72	72	(b) An expungement of the records of conviction may be ordered by the court without 28
73	73	motion and by operation of law five (5) years from the date of completion of a person's sentence, 29
74	74	if the conviction was for a misdemeanor; provided that, there are no criminal proceedings pending 30
75	75	against the person. 31
76	76	(b)(c) The court, after the hearing at which all relevant testimony and information shall be 32
77	77	considered, may, in its discretion, order the expungement of the records of conviction of the person 33
78	78	filing the motion if it finds: 34
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82	82	(1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for 1
83	83	a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for 2
84	84	a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there 3
85	85	are no criminal proceedings pending against the person; that the person does not owe any 4
86	86	outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such 5
87	87	amounts are reduced or waived by order of the court; and he or she has exhibited good moral 6
88	88	character; 7
89	89	(ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the 8
90	90	person has complied with all of the terms and conditions of the deferral agreement including, but 9
91	91	not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and 10
92	92	restitution to victims of crimes; there are no criminal proceedings pending against the person; and 11
93	93	he or she has established good moral character. Provided, that no person who has been convicted 12
94	94	of a crime of violence shall have their records relating to a deferred sentence expunged; or 13
95	95	(iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of 14
96	96	the motion, if the convictions were for multiple misdemeanors, the petitioner has not been 15
97	97	convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending 16
98	98	against the person; and they have exhibited good moral character; and, provided that convictions 17
99	99	for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be 18
100	100	expunged under this subsection. 19
101	101	(2) That the petitioner’s rehabilitation has been attained to the court’s satisfaction and the 20
102	102	expungement of the records of his or her conviction is consistent with the public interest. 21
103	103	(c)(d) If the court grants the motion pursuant to subsections (c)(1)(i) through (c)(1)(iii) of 22
104	104	this section, or if the court orders expungement by operation of law pursuant to subsection (b) of 23
105	105	this section, it shall order all records and records of conviction relating to the conviction expunged 24
106	106	and all index and other references to it removed from public inspection. A copy of the order of the 25
107	107	court shall be sent to any law enforcement agency and other agency known by either the petitioner, 26
108	108	the department of the attorney general, or the court to have possession of the records. Compliance 27
109	109	with the order shall be according to the terms specified by the court. 28
110	110	(d)(e) The defendant shall be advised at the hearing that any and all bail money relating to 29
111	111	a case that remains on deposit and is not claimed at the time of expungement shall be escheated to 30
112	112	the state’s general treasury in accordance with chapter 12 of title 8. 31
113	113	(e)(f) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a 32
114	114	hearing at which it finds that all conditions of the original criminal sentence have been completed, 33
115	115	and any and all fines, fees, and costs related to the conviction have been paid in full, order the 34
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119	119	expungement without cost to the petitioner. At the hearing, the court may require the petitioner to 1
120	120	demonstrate that the prior criminal conviction would qualify as a decriminalized offense under 2
121	121	current law. The demonstration may include, but is not limited to, an affidavit signed by the 3
122	122	petitioner attesting to the fact that the prior conviction qualifies as a decriminalized offense under 4
123	123	current Rhode Island law. 5
124	124	SECTION 2. This act shall take effect upon passage. 6
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131	131	EXPLANATION
132	132	BY THE LEGISLATIVE COUNCIL
133	133	OF
134	134	A N A C T
135	135	RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMI NAL RECORDS
136	136	***
137	137	This act would require automatic expungement of records and records of conviction, if the 1
138	138	conviction was for a non-violent misdemeanor, five (5) years after completion of the sentence. 2
139	139	This act would take effect upon passage. 3
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141	141	LC002128
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