Rhode Island 2025 Regular Session

Rhode Island House Bill H5647 Compare Versions

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

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5	5	2025 -- H 5647
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7	7	LC001514
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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 Cruz, Casimiro, Stewart, Solomon, Potter, Ajello, J.
17	17	Lombardi, and Slater
18	18	Date Introduced: February 26, 2025
19	19	Referred To: House Judiciary
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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/or more than one 19
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45	45	misdemeanor, and who has not been convicted of a felony that is considered a crime of violence, 1
46	46	as defined in § 12-1.3-1, may file a motion for the expungement of any or all of those felonies 2
47	47	and/or misdemeanors in the court in which the convictions took place; provided that, convictions 3
48	48	for offenses under chapter 29 of title 12 and convictions under §§ 31-27-2 or 31-27-2.1 are not 4
49	49	eligible for and may not be expunged under this subsection. 5
50	50	(d)(e) Subject to subsection (a), a person may file a motion for the expungement of records 6
51	51	relating to a felony conviction after ten (10) years from the date of the completion of his or her 7
52	52	sentence. 8
53	53	(e)(f) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 9
54	54	section, a person may file a motion for the expungement of records relating to a deferred sentence 10
55	55	upon its completion, after which the court will hold a hearing on the motion. 11
56	56	(f)(g) Subject to subsection (b) of this section, a person may file a motion for the 12
57	57	expungement of records relating to misdemeanor convictions after ten (10) years from the date of 13
58	58	the completion of their last sentence. 14
59	59	(g)(h) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 15
60	60	may file a motion for the expungement of records related to an offense that has been decriminalized 16
61	61	subsequent to the date of their conviction, after which the court will hold a hearing on the motion 17
62	62	in the court in which the original conviction took place. 18
63	63	(i) Subject to the provisions of subsection (d) of this section, a person may file a motion 19
64	64	for the expungement of records related to multiple felony and/or multiple misdemeanor convictions 20
65	65	after ten (10) years from the date of the completion of their last sentence. 21
66	66	12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for granting. 22
67	67	(a) Any person filing a motion for expungement of the records of his or her conviction 23
68	68	pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the 24
69	69	attorney general and the police department that originally brought the charge against the person at 25
70	70	least ten (10) days prior to that date. 26
71	71	(b) The court, after the hearing at which all relevant testimony and information shall be 27
72	72	considered, may, in its discretion, order the expungement of the records of conviction of the person 28
73	73	filing the motion if it finds: 29
74	74	(1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for 30
75	75	a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for 31
76	76	a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there 32
77	77	are no criminal proceedings pending against the person; that the person does not owe any 33
78	78	outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such 34
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82	82	amounts are reduced or waived by order of the court; and he or she has exhibited good moral 1
83	83	character; 2
84	84	(ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the 3
85	85	person has complied with all of the terms and conditions of the deferral agreement including, but 4
86	86	not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and 5
87	87	restitution to victims of crimes; there are no criminal proceedings pending against the person; and 6
88	88	he or she has established good moral character. Provided, that no person who has been convicted 7
89	89	of a crime of violence shall have their records relating to a deferred sentence expunged; or 8
90	90	(iii) Subject only to §§ 12-1.3-2(b), (d) and (f) (g), that in the ten (10) years preceding the 9
91	91	filing of the motion, if the convictions were for multiple misdemeanors, the petitioner has not been 10
92	92	convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending 11
93	93	against the person; and they have exhibited good moral character; and, provided that convictions 12
94	94	for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be 13
95	95	expunged under this subsection; or 14
96	96	(iv) That in the ten (10) years preceding the filing of the motion if the convictions were for 15
97	97	multiple felonies and for multiple misdemeanors, the petitioner has not been convicted nor arrested 16
98	98	for any felony or misdemeanor, there are no criminal proceedings pending against the person, and 17
99	99	they have exhibited good moral character. The hearing judge shall consider the person’s 18
100	100	background, employment, family ties, involvement in the community and other relevant 19
101	101	considerations, and make a determination upon the preponderance of the evidence that the person 20
102	102	seeking expungement exhibits good moral character. No one factor that the hearing judge considers 21
103	103	shall be determinative; provided, however, the judge shall consider the person’s overall progress 22
104	104	since their conviction. The judge may, but is not required to, order and/or request that the 23
105	105	department of probation and parole provide a copy of the person’s probation/parole file for review 24
106	106	before making a final determination. 25
107	107	(2) That the petitioner’s rehabilitation has been attained to the court’s satisfaction and the 26
108	108	expungement of the records of his or her conviction is consistent with the public interest. 27
109	109	(c) If the court grants the motion, it shall order all records and records of conviction relating 28
110	110	to the conviction expunged and all index and other references to it removed from public inspection. 29
111	111	A copy of the order of the court shall be sent to any law enforcement agency and other agency 30
112	112	known by either the petitioner, the department of the attorney general, or the court to have 31
113	113	possession of the records. Compliance with the order shall be according to the terms specified by 32
114	114	the court. 33
115	115	(d) The defendant shall be advised at the hearing that any and all bail money relating to a 34
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119	119	case that remains on deposit and is not claimed at the time of expungement shall be escheated to 1
120	120	the state’s general treasury in accordance with chapter 12 of title 8. 2
121	121	(e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing 3
122	122	at which it finds that all conditions of the original criminal sentence have been completed, and any 4
123	123	and all fines, fees, and costs related to the conviction have been paid in full, order the expungement 5
124	124	without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate 6
125	125	that the prior criminal conviction would qualify as a decriminalized offense under current law. The 7
126	126	demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to 8
127	127	the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island 9
128	128	law. 10
129	129	SECTION 2. This act shall take effect upon passage. 11
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136	136	EXPLANATION
137	137	BY THE LEGISLATIVE COUNCIL
138	138	OF
139	139	A N A C T
140	140	RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
141	141	***
142	142	This act would permit those individuals convicted of multiple felonies and misdemeanors 1
143	143	to have their records expunged and provide criteria for the court to consider in determining whether 2
144	144	the person is of good moral character. 3
145	145	This act would take effect upon passage. 4
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