2014 -- H 8027

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LC005368

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representative Scott Slater

     Date Introduced: April 03, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

expunged.

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

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

the completion of his or her sentence.

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

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

completion of his or her sentence.

     (d) Notwithstanding subsections (a) through (c) of this section, a person may file a

motion for the expungement of records related to an offense that has been decriminalized

subsequent to the date of such conviction, after which a hearing on the motion shall be held in the

court in which the original conviction took place.

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

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

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

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

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

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

considered, may in its discretion order the expungement of the records of conviction of the person

filing the motion if it finds:

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

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

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

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

moral character;

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

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

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

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

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

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

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

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

     (d) In cases of expungement sought pursuant to § 12-1.3-2(d), the court shall, after a

hearing at which it finds that all conditions of the original criminal sentence have been completed

and any and all fines, fees, and costs related to conviction have been paid in full, order the

expungement without cost to the petitioner. At the hearing, the court shall require the petitioner to

demonstrate that the prior criminal conviction would qualify as a decriminalized offense under

current law. Such demonstration may include, but is not limited to, an affidavit signed by the

petitioner attesting to the fact that the prior conviction qualifies as a decriminalized offense under

current law.

     SECTION 2. This act shall take effect upon passage.

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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 a person to file a motion for the expungement of the records of his

or her conviction for an offense that has been decriminalized subsequent to the conviction.

     This act would take effect upon passage.

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LC005368

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