2013 -- S 0423

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LC00996

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Senators Metts, Pichardo, McCaffrey, Jabour, and P Fogarty

     Date Introduced: February 26, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3

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entitled "Expungement of Criminal Records" are hereby amended to read as follows:

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     12-1.3-2. Motion for expungement. -- (a) Any person who is a first offender may file a

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motion for the expungement of all records and records of conviction for a felony or misdemeanor

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by filing a motion in the court in which the conviction took place, provided that no person who

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has been convicted of a crime of violence shall have his or her records and records of conviction

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expunged.

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     (b) Any person who has been convicted of more than one misdemeanor, but fewer than

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six (6) misdemeanors, and has not been convicted of a felony may file a motion for the

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expungement of any or all of those misdemeanors in the court in which the convictions took

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place, provided that convictions for offenses under chapter 12-29, section 31-27-2 or section 31-

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27-2.1 are not eligible for and may not be expunged.

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     (c)(b) Subject to subsection (a) of this section, a person may file a motion for the

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expungement of records relating to a misdemeanor conviction after five (5) years from the date of

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the completion of his or her sentence.

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      (d)(c) Subject to subsection (a) of this section, a person may file a motion for the

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expungement of records relating to a felony conviction after ten (10) years from the date of the

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completion of his or her sentence.

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     (e) Subject to subsection (b) of this section, a person may file a motion for the

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expungement of records relating to misdemeanor convictions after ten (10) years from the date of

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the completion of his or her last sentence.

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     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. -- (a)

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Any person filing a motion for expungement of the records of his or her conviction pursuant to

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section 12-1.3-2 shall give notice of the hearing date set by the court to the department of the

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attorney general and the police department which originally brought the charge against the person

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at least ten (10) days prior to that date.

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      (b) The court, after the hearing at which all relevant testimony and information shall be

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considered, may in its discretion order the expungement of the records of conviction, but not

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records of conviction for offenses under chapter 12-29, section 31-27-2 or section 31-27-2.1 if the

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petitioner has been convicted of more than one misdemeanor, of the person filing the motion if it

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finds:

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      (1) That in the five (5) years preceding the filing of the motion, if the conviction was for

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a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was

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for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor,

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there are no criminal proceedings pending against the person, and he or she has exhibited good

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moral character; or

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     (2) That in the ten (10) years preceding the filing of the motion, if the convictions were

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for multiple misdemeanors, the petitioner has not been convicted nor arrested for any felony or

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misdemeanor, there are no criminal proceedings pending against the person, and he or she has

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exhibited good moral character; and

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      (3)(2) That the petitioner's rehabilitation has been attained to the court's satisfaction and

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the expungement of the records of his or her conviction is consistent with the public interest.

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      (c) If the court grants the motion, it shall, after payment by the petitioner of a one

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hundred dollar ($100) fee to be paid to the court order all records and records of conviction

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relating to the conviction expunged and all index and other references to it deleted. A copy of the

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order of the court shall be sent to any law enforcement agency and other agency known by either

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the petitioner, the department of the attorney general, or the court to have possession of the

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records. Compliance with the order shall be according to the terms specified by the court.

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     SECTION 2. This act shall take effect upon passage. This act shall apply to all

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convictions imposed before or after the effective date.

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LC00996

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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 allow those persons with up to six misdemeanor convictions to file a

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motion for the expungement of all records and records of convictions; provided, that no person

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who has been convicted of any felony shall have his or her records of conviction expunged and

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convictions for offenses under chapter 12-29, section 31-27-2 or section 31-27-2.1 shall not be

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eligible for and may not be expunged.

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     Such motion may be sought after ten (10) years from the date of the completion of his or

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her last sentence.

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     This act would take effect upon passage, and would apply to all convictions imposed

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before or after the effective date.

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LC00996

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