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H 8083Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill starts criminal record clearing waiting periods at the conviction date and allows expungement for multiple non-violent felonies.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation updates the laws regarding the expungement (clearing) of criminal records in Rhode Island. The most significant change is the starting point for the required waiting period before a record can be cleared; instead of waiting until a sentence is fully completed, the clock now starts on the date of the conviction. Additionally, the bill expands eligibility to allow individuals with multiple felony convictions to apply for expungement after ten years, provided the offenses were not crimes of violence or domestic violence.

For younger readers

Sometimes when people break the law, they get a permanent record of it. If they stay out of trouble for a long time, the court can erase that record so it doesn't hurt their chances of getting a job. This bill changes when the waiting time starts. Before, they had to wait until their punishment was totally finished. Now, the waiting time starts as soon as the judge says they are guilty. It also lets people who made more than one big mistake erase their record if they have been good for ten years.

Who & Where It Applies

Impacted groups
Felony offendersMisdemeanor offendersEmployersLandlordsCourt Clerks
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Accelerates the reintegration of justice-impacted individuals by starting the expungement waiting period at the date of conviction rather than sentence completion, removing barriers to housing and employment sooner.
  • Expands eligibility for record clearance to individuals with multiple non-violent felony convictions, recognizing that past mistakes should not result in a lifetime of disenfranchisement.
  • Helps reduce the systemic inequality of the justice system by offering a pathway to a clean slate for those who have demonstrated good moral character for a decade, regardless of prior multiple convictions.
  • Maintains the requirement that all court-imposed fines and fees must be paid (unless waived), which continues to penalize poverty and creates a two-tiered system of justice.
  • Relies on a petition-based process rather than an automatic "Clean Slate" model, placing the burden of legal navigation, time, and potential costs on the individual seeking relief.
  • The ten-year waiting period for felonies may still be considered too long for individuals who are actively trying to improve their lives and contribute to their communities but are held back by their records.
For Conservatives
  • Promotes workforce participation by allowing rehabilitated individuals to clear their records, potentially reducing unemployment and reliance on government welfare programs.
  • Maintains strict public safety standards by explicitly excluding crimes of violence and domestic violence offenses from eligibility for this expanded expungement.
  • Requires a substantial period of good behavior (10 years for felonies) and the satisfaction of financial obligations, ensuring that only those who have truly reformed and paid their debt to society benefit.
  • Allows individuals with multiple felony convictions to hide their criminal history from employers and the public, potentially obscuring a pattern of habitual criminal behavior.
  • Shortens the accountability timeline by starting the expungement clock at the conviction date, which could allow records to be cleared shortly after—or even during—long probation periods, undermining the sentence's duration.
  • Erodes the distinction of "first offender" status by extending similar expungement privileges to those who have committed multiple felonies, potentially softening the social consequences of repeat offenses.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 21 additions · 9 deletions

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 conviction.

(d) Any person who has been convicted of more than one felony, and who has not been convicted of a felony which is considered a crime of violence, may file a motion for the expungement of any or all of those felonies in the court in which the convictions took place; provided that, multiple convictions for offenses under chapter 29 of title 12 are not eligible for and may not be expunged. (d)(e) 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 conviction. (e)(f) 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)(g) 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 conviction. (g)(h) 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.

(i) Subject to subsection (d) of this section, a person may file a motion for the expungement of records relating to felony convictions after ten (10) years from the date of conviction. 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) That in the ten (10) years preceding the filing of the motion, if the convictions were for multiple felonies, 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.

(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.