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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5441 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000621 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE – EXPUNGEMENT OF CRIMI NAL RECORDS |
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| 16 | 16 | | Introduced By: Representatives Cruz, Morales, Lima, Batista, Felix, J. Lombardi, |
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| 17 | 17 | | Sanchez, Potter, Shanley, and Slater |
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| 18 | 18 | | Date Introduced: February 12, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled 1 |
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| 24 | 24 | | "Expungement of Criminal Records" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 12-1.3-2. Motion for expungement. 3 |
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| 26 | 26 | | (a) Any person who is a first offender may file a motion for the expungement of all records 4 |
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| 27 | 27 | | and records of conviction for a felony or misdemeanor by filing a motion in the court in which the 5 |
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| 28 | 28 | | conviction took place; provided, that no person who has been convicted of a crime of violence shall 6 |
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| 29 | 29 | | have his or her records and records of conviction expunged; and provided, that all outstanding 7 |
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| 30 | 30 | | court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary 8 |
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| 31 | 31 | | obligations have been paid, unless such amounts are reduced or waived by order of the court. 9 |
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| 32 | 32 | | (b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted 10 |
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| 33 | 33 | | of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted 11 |
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| 34 | 34 | | of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a 12 |
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| 35 | 35 | | motion in the court in which the convictions took place; provided that convictions for offenses 13 |
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| 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 |
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| 37 | 37 | | under this subsection. 15 |
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| 38 | 38 | | (c) Subject to subsection (a), a person may file a motion for the expungement of records 16 |
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| 39 | 39 | | relating to a misdemeanor conviction after five (5) three (3) years from the date of the completion 17 |
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| 40 | 40 | | of his or her sentence. 18 |
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| 41 | 41 | | (d) Subject to subsection (a), a person may file a motion for the expungement of records 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000621 - Page 2 of 3 |
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| 45 | 45 | | relating to a felony conviction after ten (10) five (5) years from the date of the completion of his or 1 |
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| 46 | 46 | | her sentence. 2 |
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| 47 | 47 | | (e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 3 |
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| 48 | 48 | | section, a person may file a motion for the expungement of records relating to a deferred sentence 4 |
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| 49 | 49 | | upon its completion, after which the court will hold a hearing on the motion. 5 |
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| 50 | 50 | | (f) Subject to subsection (b) of this section, a person may file a motion for the expungement 6 |
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| 51 | 51 | | of records relating to misdemeanor convictions after ten (10) five (5) years from the date of the 7 |
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| 52 | 52 | | completion of their last sentence. 8 |
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| 53 | 53 | | (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 9 |
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| 54 | 54 | | may file a motion for the expungement of records related to an offense that has been decriminalized 10 |
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| 55 | 55 | | subsequent to the date of their conviction, after which the court will hold a hearing on the motion 11 |
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| 56 | 56 | | in the court in which the original conviction took place. 12 |
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| 57 | 57 | | SECTION 2. This act shall take effect upon passage. 13 |
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| 58 | 58 | | ======== |
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| 59 | 59 | | LC000621 |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | LC000621 - Page 3 of 3 |
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| 64 | 64 | | EXPLANATION |
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| 65 | 65 | | BY THE LEGISLATIVE COUNCIL |
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| 66 | 66 | | OF |
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| 67 | 67 | | A N A C T |
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| 68 | 68 | | RELATING TO CRIMINAL PROCEDURE – EXPUNGEMENT OF CRIMINAL RECORDS |
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| 69 | 69 | | *** |
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| 70 | 70 | | This act would reduce the time for expungements to three (3) years for a single 1 |
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| 71 | 71 | | misdemeanor and five (5) years for felonies and multiple misdemeanors. 2 |
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| 72 | 72 | | This act would take effect upon passage. 3 |
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| 73 | 73 | | ======== |
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| 74 | 74 | | LC000621 |
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