Rhode Island 2025 Regular Session

Rhode Island House Bill H5178 Compare Versions

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

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5	5	2025 -- H 5178
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7	7	LC000108
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
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: Representatives J. Lombardi, Hull, Cruz, Sanchez, Slater, Morales,
17	17	Potter, J. Brien, Alzate, and Diaz
18	18	Date Introduced: January 24, 2025
19	19	Referred To: House 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. 3
26	26	(a) Any person who is a first offender may file a motion for the expungement of all records 4
27	27	and records of conviction for a felony or misdemeanor by filing a motion in the court in which the 5
28	28	conviction took place; provided, that no person who has been convicted of a crime of violence shall 6
29	29	have his or her records and records of conviction expunged; and provided, that all outstanding 7
30	30	court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary 8
31	31	obligations have been paid, unless such amounts are reduced or waived by order of the court. 9
32	32	(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted 10
33	33	of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted 11
34	34	of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a 12
35	35	motion in the court in which the convictions took place; provided that convictions for offenses 13
36	36	under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged 14
37	37	under this subsection. 15
38	38	(c) Subject to subsection (a), a person may file a motion for the expungement of records 16
39	39	relating to a misdemeanor conviction after five (5) years from the date of the completion of his or 17
40	40	her sentence. 18
41	41	(d) Any person who has been convicted of more than one felony, and who has not been 19
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45	45	convicted of a felony which is considered a crime of violence, may file a motion for the 1
46	46	expungement of any or all of those felonies in the court in which the convictions took place; 2
47	47	provided that, multiple convictions for offenses under chapter 29 of title 12 are not eligible for and 3
48	48	may not be expunged. 4
49	49	(d)(e) Subject to subsection (a), a person may file a motion for the expungement of records 5
50	50	relating to a felony conviction after ten (10) years from the date of the completion of his or her 6
51	51	sentence. 7
52	52	(e)(f) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 8
53	53	section, a person may file a motion for the expungement of records relating to a deferred sentence 9
54	54	upon its completion, after which the court will hold a hearing on the motion. 10
55	55	(f)(g) Subject to subsection (b) of this section, a person may file a motion for the 11
56	56	expungement of records relating to misdemeanor convictions after ten (10) years from the date of 12
57	57	the completion of their last sentence. 13
58	58	(g)(h) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 14
59	59	may file a motion for the expungement of records related to an offense that has been decriminalized 15
60	60	subsequent to the date of their conviction, after which the court will hold a hearing on the motion 16
61	61	in the court in which the original conviction took place. 17
62	62	(i) Subject to subsection (d) of this section, a person may file a motion for the expungement 18
63	63	of records relating to felony convictions after ten (10) years from the date of the completion of their 19
64	64	last sentence. 20
65	65	12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for granting. 21
66	66	(a) Any person filing a motion for expungement of the records of his or her conviction 22
67	67	pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the 23
68	68	attorney general and the police department that originally brought the charge against the person at 24
69	69	least ten (10) days prior to that date. 25
70	70	(b) The court, after the hearing at which all relevant testimony and information shall be 26
71	71	considered, may, in its discretion, order the expungement of the records of conviction of the person 27
72	72	filing the motion if it finds: 28
73	73	(1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for 29
74	74	a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for 30
75	75	a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there 31
76	76	are no criminal proceedings pending against the person; that the person does not owe any 32
77	77	outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such 33
78	78	amounts are reduced or waived by order of the court; and he or she has exhibited good moral 34
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82	82	character; 1
83	83	(ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the 2
84	84	person has complied with all of the terms and conditions of the deferral agreement including, but 3
85	85	not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and 4
86	86	restitution to victims of crimes; there are no criminal proceedings pending against the person; and 5
87	87	he or she has established good moral character. Provided, that no person who has been convicted 6
88	88	of a crime of violence shall have their records relating to a deferred sentence expunged; or 7
89	89	(iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of 8
90	90	the motion, if the convictions were for multiple misdemeanors, the petitioner has not been 9
91	91	convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending 10
92	92	against the person; and they have exhibited good moral character; and, provided that convictions 11
93	93	for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be 12
94	94	expunged under this subsection; or 13
95	95	(iv) That in the ten (10) years preceding the filing of the motion, if the convictions were 14
96	96	for multiple felonies, the petitioner has not been convicted nor arrested for any felony or 15
97	97	misdemeanor, there are no criminal proceedings pending against the person, and they have 16
98	98	exhibited good moral character. 17
99	99	(2) That the petitioner’s rehabilitation has been attained to the court’s satisfaction and the 18
100	100	expungement of the records of his or her conviction is consistent with the public interest. 19
101	101	(c) If the court grants the motion, it shall order all records and records of conviction relating 20
102	102	to the conviction expunged and all index and other references to it removed from public inspection. 21
103	103	A copy of the order of the court shall be sent to any law enforcement agency and other agency 22
104	104	known by either the petitioner, the department of the attorney general, or the court to have 23
105	105	possession of the records. Compliance with the order shall be according to the terms specified by 24
106	106	the court. 25
107	107	(d) The defendant shall be advised at the hearing that any and all bail money relating to a 26
108	108	case that remains on deposit and is not claimed at the time of expungement shall be escheated to 27
109	109	the state’s general treasury in accordance with chapter 12 of title 8. 28
110	110	(e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing 29
111	111	at which it finds that all conditions of the original criminal sentence have been completed, and any 30
112	112	and all fines, fees, and costs related to the conviction have been paid in full, order the expungement 31
113	113	without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate 32
114	114	that the prior criminal conviction would qualify as a decriminalized offense under current law. The 33
115	115	demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to 34
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119	119	the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island 1
120	120	law. 2
121	121	SECTION 2. This act shall take effect upon passage. 3
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128	128	EXPLANATION
129	129	BY THE LEGISLATIVE COUNCIL
130	130	OF
131	131	A N A C T
132	132	RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
133	133	***
134	134	This act would allow those persons with multiple felony convictions to file a motion for 1
135	135	expungement of all records and records of convictions; provided that, no person who has been 2
136	136	convicted of any felony which is considered a crime of violence shall have their records of 3
137	137	conviction expunged and convictions for offenses under chapter 29 of title 12 shall not be eligible 4
138	138	for and may not be expunged. Motions may be brought after ten (10) years from the date of the 5
139	139	completion of their last sentence. 6
140	140	This act would take effect upon passage. 7
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