2020 -- H 8038

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LC005310

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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 -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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

     Date Introduced: June 18, 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 after the date of the person’s conviction for

said offense, including any misdemeanor or felony conviction for possession of marijuana. Upon

the filing of said motion, the court will hold a hearing on the motion in the court in which the

original conviction took place.

     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 -- IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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     This act would make those convictions for crimes that have been decriminalized, including

misdemeanor and felony convictions for marijuana, eligible for expungement.

     This act would take effect upon passage.

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