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S 2299Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

Allows individuals with multiple non-violent felony convictions to apply for record expungement after a ten-year arrest-free waiting period.

Held for study
Population
Affected
8
Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island's criminal record expungement laws to allow individuals with multiple felony convictions to apply to have their records cleared. Previously, having more than one felony generally disqualified a person from expungement. Under this bill, a person with multiple felonies may file a motion for expungement if ten years have passed since the completion of their last sentence, provided they have had no new arrests or convictions during that time. The bill explicitly excludes convictions for crimes of violence and domestic violence offenses from being eligible for this relief.

For younger readers

Sometimes people make mistakes and break the law, which leaves a mark on their permanent record. Right now, if someone has more than one serious "mark" (a felony), it is very hard to get rid of them. This bill changes the rules so that if a person has multiple bad marks but stays out of trouble for ten years after their punishment ends, they can ask a judge to erase them. However, if they hurt people or committed violent crimes, they are not allowed to erase their record. This helps people get a fresh start to find jobs.

Who & Where It Applies

Impacted groups
Individuals with multiple felony convictionsRhode Island JudiciaryLaw Enforcement AgenciesEmployersLandlords
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 and equity by allowing individuals who have served their time and demonstrated rehabilitation to reintegrate into society without the permanent stigma of a criminal record.
  • Helps reduce systemic poverty by removing barriers to employment and housing for formerly incarcerated individuals, who are disproportionately from marginalized communities.
  • Encourages rehabilitation and reduces recidivism by providing a tangible incentive for individuals to remain crime-free for ten years in exchange for a clean slate.
  • Maintains economic barriers to justice by requiring that all court-imposed fines, fees, and costs be paid in full before an expungement can be granted, which penalizes the poor.
  • The ten-year waiting period after the completion of a sentence is arguably too long, delaying necessary relief for individuals trying to rebuild their lives and support their families.
  • Relies on judicial discretion rather than automatic expungement, which could lead to inconsistent application where some judges may deny relief based on subjective biases.
For Conservatives
  • Expands the potential labor force by allowing rehabilitated individuals to secure employment, thereby potentially reducing dependency on government welfare and social safety nets.
  • Upholds strict standards of law and order by requiring a ten-year period completely free of arrests or convictions before anyone is eligible for relief.
  • Ensures public safety is prioritized by explicitly prohibiting the expungement of records related to crimes of violence and domestic violence.
  • Undermines the ability of employers, landlords, and the community to make informed decisions by concealing the history of individuals who have committed multiple serious crimes.
  • Could be viewed as being "soft on crime" by erasing the consequences of repeat felony behavior, suggesting that violating the law multiple times can be forgiven too easily.
  • Complicates risk assessment for business owners who may unknowingly hire repeat offenders for positions of trust or financial responsibility.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 19 additions · 4 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.

(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. (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. (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 the completion of their last 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) 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.