Chapter 188
2018 -- H 8355
Enacted 07/02/2018

A N   A C T
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

Introduced By: Representatives Slater, Diaz, Williams, and Almeida
Date Introduced: June 23, 2018

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.
     (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.
     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;
     (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
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.
     (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a
hearing at which it finds that all conditions of the original criminal sentence have been completed,
and any and all fines, fees, and costs related to the conviction have been paid in full, order the
expungement without cost to the petitioner. At the hearing, the court may require the petitioner to
demonstrate that the prior criminal conviction would qualify as a decriminalized offense under
current law. The demonstration may include, but is not limited to, an affidavit signed by the
petitioner attesting to the fact that the prior conviction qualifies as a decriminalized offense under
current Rhode Island law.
========
LC005996
========