2015 -- H 5919

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LC002169

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Slater, Keable, Lima, Ajello, and Diaz

     Date Introduced: March 18, 2015

     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) Any person who has been convicted of not more than five (5) misdemeanors, and has

not been convicted of a felony, may file a motion for expungement pursuant to subsection (e) of

this section in the court in which the convictions took place, provided that convictions for

offenses under chapter 29 of this title, § 31-27-2, or § 31-27-2.1 are not eligible for and may not

be expunged pursuant to this subsection.

     (b)(c) 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)(d) 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.

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

for the expungement of records relating to misdemeanor convictions after:

     (1) Seven (7) years from the completion of a sentence for a second and final

misdemeanor conviction;

     (2) Ten (10) years from the completion of a sentence for a third and final misdemeanor

conviction;

     (3) Fifteen (15) years after the completion of a sentence for a fourth and final

misdemeanor conviction; and

     (4) Twenty (20) years after the completion of a sentence for a fifth and final

misdemeanor conviction.

     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 §

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:

     That In cases of expungement sought pursuant to § 12-1.3-2(a), 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) In cases of expungement sought pursuant to §§ 12-1.3-2(b) and 12-1.3-2(e), that it has

been at least:

     (i) Seven (7) years from the completion of a sentence for a second and final misdemeanor

conviction;

     (ii) Ten (10) years from the completion of a sentence for a third and final misdemeanor

conviction;

     (iii) Fifteen (15) years after the completion of a sentence for a fourth and final

misdemeanor conviction;

     (iv) Twenty (20) years after the completion of a sentence for a fifth and final

misdemeanor conviction; and

     (v) In the interim period the petitioner has not been convicted nor arrested for any felony

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

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she has exhibited good moral character;

     (2)(3) 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.

     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 amend the provisions on expungements of criminal records to include a

person who has been convicted of not more than five (5) misdemeanors, and has not been

convicted of a felony, provided that the person waits a number of years from the completion of

his or her sentence. The waiting period to file a motion for the expungement would increase

depending on the number of misdemeanor convictions. Convictions for certain offenses would

remain ineligible for expungement.

     This act would take effect upon passage.

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