2017 -- S 0426 SUBSTITUTE A

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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: Senator Harold M. Metts

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     (Attorney General)

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) Notwithstanding §12-1.3-1(3) ("first offender"), any person who has been convicted

of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted

of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a

motion 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

under this subsection.

     (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.

     (d)(e) 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.

     (f) 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.

     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) (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

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) Subject only to §§12-1.3-2(b) and (f), 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, provided that convictions

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

expunged under this subsection.

     (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 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 enable persons with less than six (6) misdemeanor convictions to obtain

an expungement of the records of those convictions, as long as the person has not been convicted

of any felony. Misdemeanor convictions for domestic violence or driving under the influence of

alcohol or drugs and refusal to submit to a chemical test, would not be eligible for expungement

under this act. Persons with multiple misdemeanor convictions may only file for expungement at

least ten (10) years after the completion of their sentences and the person has not been arrested

for any felony or other misdemeanors, and has no pending criminal proceedings.

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

before or after the effective date.

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