Skip to main content
S 2983Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill allows individuals to apply to clear their criminal records sooner by changing when the waiting period begins.

Introduced29 Yea7 Nay2 Not voting
Population
Affected
15
Email Legislator
Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation modifies the timeline for when an individual can apply to have their criminal record expunged (erased) in Rhode Island. Currently, the waiting period—five years for misdemeanors and ten years for felonies—begins only after a sentence is fully completed. This bill changes the start date of that waiting period to the date the sentence was originally imposed by the judge. However, for felony sentences exceeding ten years, the individual must still wait until the sentence is successfully completed before filing for expungement.

For younger readers

When someone breaks the law, they get a record of it. If they behave well for a long time, they can ask a judge to erase that record so they can get a fresh start. Right now, the rule is that they have to finish their whole punishment before the waiting time starts. This bill changes the rule so the waiting time starts on the day the judge first decides the punishment. This means people who made mistakes can try to clean up their records and find jobs sooner.

Who & Where It Applies

Impacted groups
First offendersIndividuals with misdemeanor convictionsIndividuals with felony convictionsEmployersLandlords
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Facilitates quicker reintegration into society by removing the stigma of a criminal record sooner, allowing individuals to access housing and employment opportunities that are often denied to those with records.
  • Addresses the punitive nature of long probation periods by starting the expungement clock at sentencing, recognizing that rehabilitation efforts often begin immediately rather than after administrative supervision ends.
  • Helps alleviate poverty by removing barriers to better-paying jobs for those who have served their time and remained crime-free, reducing the long-term economic impact of past mistakes.
  • Retains the requirement that all financial obligations (fines and fees) be paid prior to expungement, which continues to penalize the poor and creates a two-tiered justice system based on wealth.
  • Does not implement automatic expungement ("Clean Slate"), meaning individuals must still navigate the court system and likely pay legal fees to file the motion, disadvantaging those with fewer resources.
  • Maintains the exclusion of "crimes of violence," a category that can be broadly interpreted, potentially preventing individuals who have genuinely rehabilitated from lengthy past sentences from ever clearing their records.
For Conservatives
  • Encourages workforce participation by allowing individuals to clear their records and obtain employment, potentially reducing reliance on government welfare programs and increasing the tax base.
  • Maintains strict prohibitions against expunging records for violent crimes, ensuring that dangerous offenders cannot hide their history from the community or potential employers.
  • Upholds the requirement that all court-imposed fines, fees, and costs must be paid in full before a motion can be granted, ensuring financial restitution is made to the state.
  • Reduces the transparency of public records by allowing offenders to hide their criminal history from employers, landlords, and the public sooner than currently allowed.
  • Undermines the concept of "debt to society" by allowing the countdown for record clearing to begin before the actual sentence (probation or parole) is fully completed.
  • Could potentially compromise public safety by allowing individuals to obscure a pattern of criminal behavior sooner, making it harder for communities to identify repeat offenders.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 5 additions · 2 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) years from the date of the completion imposition 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 imposition of his or her sentence, or if the sentence is greater than ten (10) years, then the person may file for expungement upon the successful completion of their 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.

SECTION 2. This act shall take effect upon passage.