H 8084Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill reduces the waiting period to expunge a misdemeanor drug possession record from five years to three years.

Held for study

Population
Affected

Introduced Feb 27, 2026Committee House Judiciary

Plain-English Summary

This legislation amends Rhode Island's criminal record expungement laws. It specifically creates a new rule for individuals who have been convicted of a misdemeanor for simple possession of a controlled substance. Under the new provision, these individuals may file a motion to expunge (erase) their record three years after their sentence was imposed. This is a reduction from the standard waiting period, which is typically five years for other misdemeanor convictions. The court retains the discretion to grant or deny the motion based on the petitioner's rehabilitation and the public interest.

For younger readers

When people break the law, they get a criminal record that stays with them. This can make it hard to get a job later. Usually, people have to wait five years after they are punished before they can ask a judge to erase that record. This bill changes the rule for people who got in trouble for having a small amount of drugs. Instead of waiting five years, they only have to wait three years to ask the judge to wipe their record clean.

Who & Where It Applies

Impacted groups

Individuals with misdemeanor drug convictionsEmployersLandlordsRhode Island Court SystemLaw Enforcement Agencies

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Promotes social justice by reducing the long-term negative impacts of the "War on Drugs," which has historically and disproportionately affected marginalized and low-income communities.
Enhances community welfare by removing barriers to housing and employment for individuals with minor drug offenses, allowing them to reintegrate into society more quickly.
Reflects a systemic reform approach that views drug possession more as a public health issue rather than a permanent criminal stigma, encouraging rehabilitation over lifelong punishment.
Does not provide for automatic expungement, still requiring individuals to navigate the legal system and file motions, which may be difficult for those without financial resources or legal knowledge.
Fails to waive court fees or costs associated with the expungement process for this specific category, potentially leaving the relief inaccessible to the poor.
Limited only to misdemeanors, leaving those with felony possession charges—often determined by arbitrary quantity limits—without similar accelerated relief.

For Conservatives

Encourages workforce participation by allowing individuals to clear their records sooner, thereby reducing dependency on government assistance and unemployment benefits.
Aligns with the concept of redemption and second chances for individuals who have served their time and paid their debt to society for minor offenses.
Maintains judicial oversight by requiring a hearing, ensuring that only those who have demonstrated rehabilitation and good behavior are granted relief, rather than a blanket amnesty.
Potentially compromises public safety and employer rights by hiding criminal history records sooner, preventing business owners from making fully informed hiring decisions.
Could be viewed as being "soft on crime" by reducing the long-term consequences of illegal drug use, potentially diminishing the deterrent effect of the law.
Undermines the rule of law by creating special, more lenient timeframes for drug offenders compared to other types of misdemeanor offenders who must wait the full five years.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 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 and file a motion for the expungement of records relating to misdemeanor convictions for simple possession of a controlled substance after three (3) years from the date of the imposition of their sentence. 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), convictions for misdemeanor possession of a controlled substance may be expunged three (3) years from the date of imposition of the sentence.

(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.