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H 7820Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

Allows expungement of criminal records after 40 years of no convictions, excluding murder, sex crimes, and other serious offenses.

Held for study
Population
Affected
8
Email Legislator
Introduced Feb 26, 2026Committee House Judiciary

Plain-English Summary

This legislation allows individuals to petition the court to expunge (erase) their criminal records if forty years have passed since their last conviction. To be eligible, the person must not have been charged with or convicted of any crime during those forty years and must demonstrate good moral character. However, certain serious crimes are permanently excluded from being expunged, including murder, sexual assault, child molestation, first-degree robbery, serious assaults on vulnerable people, and drunk driving offenses.

For younger readers

This bill creates a new rule for people who broke the law a very long time ago. If a person committed a crime more than 40 years ago and has been a good citizen without getting in trouble since then, they can ask a judge to erase their old criminal record. This helps them get a fresh start. However, if they did something very dangerous, like hurting a child or someone else very badly, the record stays forever and cannot be erased. It is meant to help people who have proven they have changed over a long time.

Who & Where It Applies

Impacted groups
Elderly Residents with Criminal RecordsVictims of CrimeCourt Clerks and AdministratorsLaw Enforcement AgenciesCriminal Defense Attorneys
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Promotes restorative justice by recognizing that individuals can change and rehabilitate over time, allowing elderly citizens to reintegrate fully into society without the stigma of a decades-old record.
  • Helps remove long-standing systemic barriers to housing and other essential services for older adults who have demonstrated good behavior for forty years.
  • Reduces the lifelong collateral consequences of the criminal justice system, acknowledging that a person should not be defined by mistakes made half a lifetime ago.
  • The forty-year waiting period is excessively long, meaning many rehabilitated individuals will die before they are eligible for relief, limiting the bill's practical humanitarian impact.
  • Retains a costly and bureaucratic court petition process rather than automating the expungement, which may prevent low-income individuals from accessing this relief.
  • The list of exclusions is broad and includes offenses like certain assaults or driving violations that, while serious, might not warrant a permanent record after four decades of clean behavior.
For Conservatives
  • Maintains strict law and order by permanently excluding the most heinous crimes, such as murder, sex offenses, and child abuse, from ever being erased from the public record.
  • Sets a very high bar for eligibility—forty years without a single charge—ensuring that only those who have truly proven a lifetime of abiding by the law receive this benefit.
  • Requires a judicial hearing where the petitioner must prove "good moral character" and rehabilitation, ensuring the court retains oversight rather than granting automatic amnesty.
  • Undermines the transparency of the public record and the permanence of judicial sentencing by allowing individuals to hide their past criminal history from employers and the community.
  • Could potentially allow individuals with a history of violence (those not specifically excluded) to purchase firearms or enter sensitive spaces by erasing the record of their prior temperament.
  • Softens the consequences of criminal behavior, sending a message that if you wait long enough, society will simply forget your violation of the law.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 22 additions · 1 deletion

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.

(h) Notwithstanding the provisions of subsections (a) through (f) of this section, a person may be eligible to have their criminal record expunged of all offenses, if, after forty (40) years from the date of their last conviction, they have not been charged or been convicted of any offense in this or any other state; provided, however, that convictions for the following offenses shall not be expunged: murder (§ 11-23-1), kidnapping with the intent to extort (§ 11-26-2), first or second degree sexual assault (§§ 11-37-2, 11-37-4), first or second degree child molestation (§§ 11-37-8.1, 11-37-8.3), first degree robbery (§ 11-39-1), first degree child abuse (§ 11-9-5.3), assault on persons sixty (60) years or older causing serious bodily injury (§ 11-5-10.1), assault on persons with severe impairments causing serious bodily injury (§ 11-5-10.2), assault on persons sixty (60) years of age or older by caretaker causing serious bodily injury (§ 11-5-10.4), assault on child in care of department of children, youth and families causing serious bodily injury (§ 11-5-14.1), battery by an adult upon child ten (10) years of age or younger causing serious bodily injury (§ 11-5-14.2), convictions under chapter 29 of title 12 or any conviction under § 31-27-2 or § 31-27-2.1. 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; or

(iv) Subject to § 12-1.3-2(h), multiple convictions for any offense, other than those not eligible for expungement under § 12-1.3-2(h), that in the forty (40) years preceding the filing of the motion, 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 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.

SECTION 2. This act shall take effect upon passage.