2020 -- H 7142

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LC003203

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

     Introduced By: Representatives Williams, Craven, Blazejewski, Knight, and Alzate

     Date Introduced: January 16, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled

"Expungement of Criminal Records" is 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.

     (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.

     (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) 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.

     (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person

may file a motion for the expungement of records related to an offense that has been

decriminalized subsequent to the date of their conviction, after which the court will hold a hearing

on the motion in the court in which the original conviction took place.

     (h)(1) Notwithstanding the provisions of subsections (a) through (f) of this section, but

consistent with subsection (g) of this section, any person who has been convicted of or pled nolo

contendere or guilty to possession of marijuana pursuant to § 21-28-4.01(c)(ii), including those

persons so convicted prior to 2013, shall be eligible for automatic expungement of all criminal

history records of an arrest, or a charge not initiated by arrest, if:

     (i) One year or more has elapsed since the date of the arrest or law enforcement

interaction documented in the records; and

     (ii) No criminal charges were filed relating to the arrest or law enforcement interaction or

criminal charges were filed and subsequently dismissed or vacated or the arrestee was acquitted;

     (2) If the law enforcement agency is unable to verify satisfaction of subsection (h)(1)(ii)

of this section, records that satisfy subsection (h)(1)(i) of this section shall be automatically

expunged;

     (3) Records shall be expunged pursuant to the procedures set forth in § 12-1.3-2 under the

following timelines:

     (i) Records created prior to the effective date of this act, but on or after January 1, 2014,

shall be automatically expunged prior to January 1, 2022;

     (ii) Records created prior to January 1, 2014, but on or after January 1, 2001, shall be

automatically expunged prior to January 1, 2024;

     (iii) Records created prior to January 1, 2001, shall be automatically expunged prior to

January 1, 2026;

     (4) Nothing in this section shall be construed to restrict or modify an individual's right to

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have that individual's records expunged except as otherwise may be provided in this chapter, or

diminish or abrogate any rights or remedies otherwise available to the individual;

     (5) The Rhode Island attorney general in consultation with the Rhode Island state police

and the municipal police departments of the state is hereby authorized to promulgate whatever

rules and regulations necessary to carry out the provisions of this section.

     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 provide those persons who have previously been convicted of marijuana

possession, which would now constitute a decriminalized offense, to have their records for those

convictions automatically expunged regardless of their criminal history.

     This act would take effect upon passage.

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