2016 -- H 7536

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LC004483

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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 OF CRIMINAL RECORDS

     

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

     Date Introduced: February 10, 2016

     Referred To: House Judiciary

     (Attorney General)

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

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

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are reduced or waived by order of the court.

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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 by filing a motion in the court in which the

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convictions took place, provided that convictions for offenses under chapter 29 of title 12, §31-

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27-2 or §31-27-2.1 are not eligible for and may not be expunged.

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      (b)(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 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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      (c)(d) 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 their 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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12-1.3-2 shall give notice of the hearing date set by the court to the department of the attorney

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general and the police department that originally brought the charge against the person at least ten

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(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 excluding

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records of conviction of offenses under chapter 29 of title 12, §31-27-2, or §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; that the person does not owe any

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outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such

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amounts are reduced or waived by order of the court, and he or she has exhibited good moral

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character;

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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 they have

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exhibited good moral character; and

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      (2)(3) 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 removed from public

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inspection. A copy of the order of the court shall be sent to any law enforcement agency and other

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agency known by either the petitioner, the department of the attorney general, or the court to have

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

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the court.

 

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

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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.

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

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imposed before or after the effective date.

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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 less than six (6) misdemeanor convictions to file

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a 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 their records of misdemeanor conviction

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expunged. Convictions for offenses of domestic violence, driving under the influence of liquor or

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drugs would not be eligible to be expunged. Such motion may be sought after ten (10) years from

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the date of the completion of their 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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