2017 -- H 5736

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LC001454

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Slater, and Hearn

     Date Introduced: March 01, 2017

     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, but not more

than six (6) misdemeanors, and who has not been convicted of a felony which is considered a

crime of violence, may file a motion for the expungement of any or all of those misdemeanors in

the court in which the convictions took place, provided that convictions for offenses under

chapter 29 of title 12, or §§31-27-2 or 31-27-2.1 are not eligible for and may not be expunged.

     (b)(c) Subject to subsection (a), 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), 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) Any person who has been convicted of up to six (6) felonies, and who has not been

convicted of a felony which is considered a crime of violence, may file a motion for the

expungement of any or all of those felonies in the court in which the convictions took place,

provided that convictions for offenses under §§31-27-2 or 31-27-2.1 or convictions for offenses

under chapter 29 of title 12 are not eligible for and may not be expunged.

     (d)(f) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this

section, a person may file a motion for the expungement of records relating to a deferred sentence

upon its completion, after which the court will hold a hearing on the motion.

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

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

the completion of their last sentence.

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

expungement of records relating to felony convictions after twenty (20) years from the date of the

completion of their 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, but not

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

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

finds:

     (1) (i) 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; 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; or

     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that

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the person has complied with all of the terms and conditions of the deferral agreement including,

but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged.; or

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

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

misdemeanor, there are no criminal proceedings pending against the person, and they have

exhibited good moral character; and

     (iv) That in the twenty (20) years preceding the filing of the motion, if the convictions

were for no more than six (6) felonies, the petitioner has not been convicted nor arrested for any

felony or misdemeanor, there are no criminal proceeding pending against the person, and they

have exhibited good moral character; and

     (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 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

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

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

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

***

     This act would allow those persons with multiple misdemeanor convictions and/or

multiple felony convictions to file a motion for expungement of all records and records of

convictions, provided that no person who has been convicted of any felony which is considered a

crime of violence shall have their records of conviction expunged and convictions for offenses

under chapter 29 of title 12 (crimes of domestic violence) or under §§31-27-2 or 31-27-2.1

(crimes related to driving under the influence or breathalyzer refusals) shall not be eligible for

and may not be expunged. Motions may be brought after ten (10) years from the date of the

completion of their last sentence for misdemeanors and after twenty (20) years from the date of

their last sentence for felonies.

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

before or after the effective date.

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