H 7281Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill shortens the waiting periods required before a person can ask the court to erase their criminal record.

Held for study

Population
Affected

Introduced Jan 23, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the state laws regarding the expungement of criminal records. It significantly reduces the waiting periods required before an individual can file a motion to have their record cleared. Specifically, the waiting period for a misdemeanor conviction is reduced from five years to three years after the completion of a sentence. For felony convictions, the waiting period is reduced from ten years to five years. Additionally, the bill lowers the waiting period for individuals with multiple misdemeanors (between two and six) from ten years to five years.

For younger readers

When people break the law, the government keeps a record of it. This is called a criminal record. After a certain amount of time passes without the person getting into trouble again, they can ask the court to throw that record away so they can have a fresh start. This bill changes the rules so that people do not have to wait as long to ask for their fresh start. Instead of waiting five or ten years, they would only have to wait three or five years.

Who & Where It Applies

Impacted groups

Convicted FelonsConvicted MisdemeanantsCourt ClerksEmployersLandlords

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Promotes social justice by allowing individuals to clear their records sooner, thereby removing barriers to housing and employment that disproportionately affect marginalized communities.
Facilitates better community reintegration and reduces recidivism by giving individuals a faster path to stability and full participation in society.
Addresses systemic inequities in the justice system by reducing the long-term stigmatization of those who have already served their time and completed their sentences.
Does not remove the requirement to pay all court-imposed fines and fees before expungement, which continues to penalize the poor and creates a financial barrier to justice.
Relies on a petition-based process rather than automatic expungement, placing the burden of legal navigation and costs on the individual rather than the system.
Maintains exclusions for certain offenses and limits the number of misdemeanors eligible, leaving some reformed individuals without a path to fully clear their history.

For Conservatives

Encourages workforce participation by allowing individuals to become employable sooner, potentially reducing dependency on government assistance programs.
Supports the concept of redemption for those who have completed their sentences and paid their debt to society, allowing them to become productive tax-paying citizens.
Reduces the long-term administrative burden on the state to maintain records for individuals who have demonstrated they are not re-offending.
Reduces the timeframe for evaluating whether a felon has truly reformed, potentially risking public safety by clearing records too soon after a sentence is completed.
Hinders the ability of employers and landlords to conduct thorough background checks, limiting their freedom to make fully informed decisions about who they hire or house.
May be perceived as being "soft on crime" by effectively reducing the lasting consequences of committing felonies and multiple misdemeanors.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 4 additions · 3 deletions

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)~~ three (3) 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)~~ five (5) 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)~~ five (5) 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.

SECTION 2. This act shall take effect upon passage.