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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMI NAL RECORDS
Introduced By: Representatives Knight, Speakman, Dawson, Craven, McEntee, and
Cortvriend
Date Introduced: January 16, 2025
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled 1
"Expungement of Criminal Records" is hereby amended to read as follows: 2
12-1.3-2. Motion for expungement. 3
(a) Any person who is a first offender may file a motion for the expungement of all records 4
and records of conviction for a felony or misdemeanor by filing a motion in the court in which the 5
conviction took place; provided, that no person who has been convicted of a crime of violence shall 6
have his or her records and records of conviction expunged; and provided, that all outstanding 7
court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary 8
obligations have been paid, unless such amounts are reduced or waived by order of the court. 9
(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted 10
of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted 11
of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a 12
motion in the court in which the convictions took place; provided that convictions for offenses 13
under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged 14
under this subsection. 15
(c) Subject to subsection (a), a person may file a motion for the expungement of records 16
relating to a misdemeanor conviction after five (5) years from the date of the completion of his or 17
her sentence. 18
(d) Subject to subsection (a), a person may file a motion for the expungement of records 19
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relating to a felony conviction after ten (10) years from the date of the completion of his or her 1
sentence. 2
(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 3
section, a person may file a motion for the expungement of records relating to a deferred sentence 4
upon its completion, after which the court will hold a hearing on the motion. 5
(f) Subject to subsection (b) of this section, a person may file a motion for the expungement 6
of records relating to misdemeanor convictions after ten (10) years from the date of the completion 7
of their last sentence. 8
(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 9
may file a motion for the expungement of records related to an offense that has been decriminalized 10
subsequent to the date of their conviction, after which the court will hold a hearing on the motion 11
in the court in which the original conviction took place. 12
SECTION 2. This act shall take effect upon passage. 13
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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 permit those persons with felony convictions to have up to six (6) 1
misdemeanor offenses expunged from their criminal record. 2
This act would take effect upon passage. 3
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