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S 2964Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill allows individuals to clear records for petty misdemeanors and simple drug possession three years after completing their sentence.

Introduced31 Yea6 Nay1 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends current Rhode Island law regarding the expungement of criminal records. It specifically reduces the waiting period to file a motion for expungement for two categories of offenses: petty misdemeanors and misdemeanor simple possession of a controlled substance. Under this bill, individuals may apply to have these records expunged three years after the completion of their sentence, rather than the standard five or ten-year waiting periods. For simple possession cases, this eligibility applies regardless of the number of prior convictions for other offenses, provided all other court-imposed conditions and financial obligations are met.

For younger readers

When someone breaks a law, the government keeps a record of it. This record can make it hard to get a job or an apartment later in life. Usually, people have to wait a long time, like five or ten years, to ask the government to erase that record. This new rule says that for very small mistakes or for having a small amount of drugs, people only have to wait three years after they finish their punishment to ask for the record to be erased. This helps them get a fresh start sooner.

Who & Where It Applies

Impacted groups
Individuals with petty misdemeanor convictionsIndividuals with simple drug possession convictionsEmployersLandlordsRhode Island Judiciary
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Reduces the long-term stigma and collateral consequences of minor drug offenses, thereby facilitating better access to housing and employment for marginalized communities disproportionately impacted by the War on Drugs.
  • Promotes rehabilitation and reintegration by allowing individuals to clear their records sooner, recognizing that indefinite punishment for minor offenses hinders community welfare and economic stability.
  • Acknowledges that substance use is often a public health issue rather than a criminal one by removing barriers to expungement for simple possession regardless of prior criminal history.
  • Maintains a petition-based process rather than implementing automatic expungement, which continues to place a burden on low-income individuals who may lack the resources or legal knowledge to file a motion.
  • The three-year waiting period, while an improvement, still delays justice and economic opportunity for individuals who have already completed their sentences and paid their debt to society.
  • Continues to require the payment of all court-imposed financial obligations before expungement is possible, effectively creating a "pay-to-play" system that disadvantages the poor.
For Conservatives
  • Encourages workforce participation by removing barriers to employment for individuals who have completed their sentences, potentially reducing reliance on government assistance programs.
  • Maintains judicial oversight by requiring a court hearing and a judge's discretion to grant expungement, ensuring that the individual has demonstrated good moral character and rehabilitation.
  • Streamlines the post-conviction process for minor offenses, allowing the legal system to focus resources on more serious criminal matters rather than maintaining records for petty infractions.
  • Undermines the rule of law and the deterrent effect of criminal penalties by allowing offenders to hide their criminal history from the public and potential employers significantly sooner.
  • Permits individuals with multiple prior convictions to expunge drug possession records, potentially obscuring a pattern of criminal behavior that employers or landlords have a right to know about.
  • May threaten public safety by limiting the ability of law enforcement and the community to identify repeat offenders of drug laws and petty crimes.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 14 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 a petty misdemeanor, as defined in § 11-1-2, convictions after three (3) years from the date of the completion of their sentence.

(i) 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 completion of their sentence, regardless of the number of prior convictions for other offenses. 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) and (i), convictions for petty misdemeanors and convictions for misdemeanor possession of a controlled substance, may be expunged three (3) years from the completion 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.