2023 -- H 5115 | |
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LC000169 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
____________ | |
A N A C T | |
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS | |
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Introduced By: Representatives J Lombardi, Hull, Ajello, McGaw, Kislak, Felix, and | |
Date Introduced: January 12, 2023 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled |
2 | "Expungement of Criminal Records" are hereby amended to read as follows: |
3 | 12-1.3-2. Motion for expungement. |
4 | (a) Any person who is a first offender may file a motion for the expungement of all records |
5 | and records of conviction for a felony or misdemeanor by filing a motion in the court in which the |
6 | conviction took place; provided, that no person who has been convicted of a crime of violence shall |
7 | have his or her records and records of conviction expunged; and provided, that all outstanding |
8 | court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary |
9 | obligations have been paid, unless such amounts are reduced or waived by order of the court. |
10 | (b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted |
11 | of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted |
12 | of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a |
13 | motion in the court in which the convictions took place; provided that convictions for offenses |
14 | under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged |
15 | under this subsection. |
16 | (c) Subject to subsection (a), a person may file a motion for the expungement of records |
17 | relating to a misdemeanor conviction after five (5) years from the date of the completion of his or |
18 | her sentence. |
19 | (d) Any person who has been convicted of more than one felony, and who has not been |
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1 | convicted of a felony which is considered a crime of violence, may file a motion for the |
2 | expungement of any or all of those felonies in the court in which the convictions took place; |
3 | provided that multiple convictions for offenses under chapter 29 of title 12 are not eligible for and |
4 | may not be expunged. |
5 | (d)(e) Subject to subsection (a), a person may file a motion for the expungement of records |
6 | relating to a felony conviction after ten (10) years from the date of the completion of his or her |
7 | sentence. |
8 | (e)(f) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this |
9 | section, a person may file a motion for the expungement of records relating to a deferred sentence |
10 | upon its completion, after which the court will hold a hearing on the motion. |
11 | (f)(g) Subject to subsection (b) of this section, a person may file a motion for the |
12 | expungement of records relating to misdemeanor convictions after ten (10) years from the date of |
13 | the completion of their last sentence. |
14 | (g)(h) Notwithstanding the provisions of subsections (a) through (f) of this section, a person |
15 | may file a motion for the expungement of records related to an offense that has been decriminalized |
16 | subsequent to the date of their conviction, after which the court will hold a hearing on the motion |
17 | in the court in which the original conviction took place. |
18 | (i) Subject to subsection (d) of this section, a person may file a motion for the expungement |
19 | of records relating to felony convictions after ten (10) years from the date of the completion of their |
20 | last sentence. |
21 | 12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for granting. |
22 | (a) Any person filing a motion for expungement of the records of his or her conviction |
23 | pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the |
24 | attorney general and the police department that originally brought the charge against the person at |
25 | least ten (10) days prior to that date. |
26 | (b) The court, after the hearing at which all relevant testimony and information shall be |
27 | considered, may, in its discretion, order the expungement of the records of conviction of the person |
28 | filing the motion if it finds: |
29 | (1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for |
30 | a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for |
31 | a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there |
32 | are no criminal proceedings pending against the person; that the person does not owe any |
33 | outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such |
34 | amounts are reduced or waived by order of the court; and he or she has exhibited good moral |
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1 | character; |
2 | (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the |
3 | person has complied with all of the terms and conditions of the deferral agreement including, but |
4 | not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and |
5 | restitution to victims of crimes; there are no criminal proceedings pending against the person; and |
6 | he or she has established good moral character. Provided, that no person who has been convicted |
7 | of a crime of violence shall have their records relating to a deferred sentence expunged; or |
8 | (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of |
9 | the motion, if the convictions were for multiple misdemeanors, the petitioner has not been |
10 | convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending |
11 | against the person; and they have exhibited good moral character; and, provided that convictions |
12 | for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be |
13 | expunged under this subsection; or |
14 | (iv) That in the ten (10) years preceding the filing of the motion, if the convictions were |
15 | for multiple felonies, the petitioner has not been convicted nor arrested for any felony or |
16 | misdemeanor, there are no criminal proceedings pending against the person, and they have |
17 | exhibited good moral character. |
18 | (2) That the petitioner’s rehabilitation has been attained to the court’s satisfaction and the |
19 | expungement of the records of his or her conviction is consistent with the public interest. |
20 | (c) If the court grants the motion, it shall order all records and records of conviction relating |
21 | to the conviction expunged and all index and other references to it removed from public inspection. |
22 | A copy of the order of the court shall be sent to any law enforcement agency and other agency |
23 | known by either the petitioner, the department of the attorney general, or the court to have |
24 | possession of the records. Compliance with the order shall be according to the terms specified by |
25 | the court. |
26 | (d) The defendant shall be advised at the hearing that any and all bail money relating to a |
27 | case that remains on deposit and is not claimed at the time of expungement shall be escheated to |
28 | the state’s general treasury in accordance with chapter 12 of title 8. |
29 | (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing |
30 | at which it finds that all conditions of the original criminal sentence have been completed, and any |
31 | and all fines, fees, and costs related to the conviction have been paid in full, order the expungement |
32 | without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate |
33 | that the prior criminal conviction would qualify as a decriminalized offense under current law. The |
34 | demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to |
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1 | the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island |
2 | law. |
3 | 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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1 | This act would allow those persons with multiple felony convictions to file a motion for |
2 | expungement of all records and records of convictions; provided that no person who has been |
3 | convicted of any felony which is considered a crime of violence shall have their records of |
4 | conviction expunged and convictions for offenses under chapter 29 of title 12 shall not be eligible |
5 | for and may not be expunged. Motions may be brought after ten (10) years from the date of the |
6 | completion of their last sentence. |
7 | This act would take effect upon passage. |
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