S 2313Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill reduces the number of years a person must wait before asking the court to erase their criminal record.

Held for study

Population
Affected

Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation updates the timeline for when individuals can apply to have their criminal records expunged (erased). Specifically, it reduces the waiting period for first-time offenders to expunge a misdemeanor from five years to three years after they complete their sentence. It also shortens the waiting period for expunging a felony conviction from ten years to five years. Additionally, for individuals with multiple misdemeanors (fewer than six), the waiting period to apply for expungement is reduced from ten years to five years after their last sentence is completed.

For younger readers

When someone breaks the law, the government keeps a record of it. This "criminal record" can make it hard for that person to get a job or find a house later, even after they have learned their lesson. There is a rule that says if a person stays out of trouble for a long time, they can ask a judge to erase that bad record. This bill changes the rules so that people don't have to wait as many years before they can ask the judge to wipe their record clean.

Who & Where It Applies

Impacted groups

First-time offendersIndividuals with multiple misdemeanorsEmployersLandlordsRhode Island Court System

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Promotes social equity by allowing individuals to clear their records sooner, thereby removing barriers to employment, housing, and education that disproportionately affect marginalized and low-income communities.
Supports rehabilitation and reintegration efforts by recognizing that shorter waiting periods allow people to move forward with their lives more effectively after serving their time.
Reduces the long-term stigma associated with past mistakes, fostering a more forgiving society and potentially reducing recidivism by giving people a stake in their future sooner.
Maintains the requirement that all court-imposed financial obligations (fees and fines) be paid before expungement, which continues to create a two-tiered system where only the wealthy can access justice.
Relies on a motion-based system rather than automatic expungement, placing the burden of legal navigation and attorney costs on the individual rather than the state.
Does not extend eligibility to those convicted of "crimes of violence," leaving many individuals without a path to full reintegration regardless of their rehabilitation or the time passed.

For Conservatives

Expands the available labor pool for businesses by allowing individuals to clear background checks sooner, helping employers fill job vacancies with willing workers.
Encourages self-sufficiency and personal responsibility, reducing reliance on government welfare programs by enabling individuals to secure gainful employment more quickly.
Upholds the traditional value of redemption by granting second chances to those who have completed their sentences and proven they can abide by the law.
Undermines public safety and transparency by hiding felony convictions from the public record after only five years, potentially preventing employers and neighbors from knowing about a person's serious criminal history.
Reduces the long-term consequences of criminal behavior, potentially signaling a "soft on crime" approach that diminishes the deterrent effect of the justice system.
Interferes with the rights of business owners and landlords to make fully informed decisions about who they hire or rent to by obscuring relevant background information.

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.