2016 -- H 7417

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LC003588

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT

     Introduced By: Representatives Almeida, Regunberg, Ajello, Williams, and Abney

     Date Introduced: January 29, 2016

     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; and provided, that all outstanding court-imposed or court-related fees, fines, costs,

assessments, charges, and/or any other monetary obligations have been paid, unless such amounts

are reduced or waived by order of the court.

     (b) Any person who has been convicted of more than one misdemeanor and no more than

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

expungement of any of those misdemeanors in the court in which the convictions took place,

provided that convictions for offenses under chapter 29 of title 12, §§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 subsection (b) of this section, a person may file a motion for the

expungement of his or her records relating to misdemeanor convictions after ten (10) years from

the date of the completion of his or her last sentence.

     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 that 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 cases of expungement sought pursuant to §12-1.3-2(a), 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; that the person does not owe any outstanding court-imposed or court-

related fees, fines, costs, assessments, or charges, unless such amounts are reduced or waived by

order of the court, and he or she has exhibited good moral character;

     (2) In cases of expungement sought pursuant to §12-1.3-2(b), and it has been ten (10)

years from the date of the completion of their last sentence, and in the interim the petitioner has

not been convicted nor arrested for any felony or misdemeanor, there are no criminal proceedings

pending against a person, and they have 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 removed from public

inspection. 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) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of expungement shall be escheated to

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the state's general treasury in accordance with chapter 12 of title 8.

     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

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     This act would allow the expungement of up to six (6) misdemeanors, provided the

defendant has no felony convictions, ten (10) years after the last sentence has expired and the

defendant has had no arrests or convictions within that ten (10) year time period. This act would

not apply to convictions for driving while intoxicated, refusal to submit to a chemical test (those

charges as criminal offenses), or to any domestic violence offense.

     This act would take effect upon passage.

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