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S3036ACriminal Procedure

Criminal Procedure - Expungement of Criminal Records

This bill allows individuals with up to four non-violent felony convictions to apply for criminal record expungement after 15 years.

Introduced56 Yea14 Nay5 Not voting
Population
Affected
8
Email Legislator
Introduced Mar 5, 2026Committee Senate Judiciary

Plain-English Summary

This bill expands who is eligible to have their criminal records expunged, meaning sealed and hidden from public view. Under current law, only first-time offenders and people with up to five misdemeanors can apply. This legislation allows individuals with up to four felony convictions to apply for expungement. However, they cannot have committed violent crimes, domestic violence, DUIs, or certain other prohibited offenses like child abuse or human trafficking. To apply, the person must wait 15 years after completing their final sentence without any new arrests or convictions. It also removes the word "moral" from the "good character" requirement.

For younger readers

Sometimes when people break the law, it goes on a permanent list called a criminal record. This bill changes the rules for erasing or hiding that record. Right now, only people who made one big mistake or a few small mistakes can ask to hide their record. This new rule says people who made up to four big mistakes (called felonies) can also ask to hide their record. But, they cannot have hurt anyone, and they must wait 15 years without getting into any more trouble before they can ask the judge to hide their record.

Who & Where It Applies

Impacted groups
Individuals with criminal recordsLaw enforcement agenciesJudges and court personnelEmployers and landlords conducting background checksVictims of crimes
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill modifies statutory procedures for expungement, which is a legislative privilege rather than a constitutional right. It does not infringe on free speech, due process, or protection from unreasonable searches and seizures.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Expands expungement eligibility to individuals with multiple felony convictions, removing permanent systemic barriers to housing, employment, and education for formerly incarcerated individuals.
  • Removes the subjective and historically biased word "moral" from the "good character" requirement, promoting a fairer and more equitable judicial review process.
  • Explicitly instructs judges to consider holistic rehabilitative progress, such as community ties and employment, which supports a restorative rather than punitive criminal justice framework.
  • Maintains an exceptionally long 15-year waiting period for multiple felony expungements, which delays meaningful reintegration and leaves marginalized individuals burdened by their records for over a decade.
  • Excludes a wide array of offenses completely from expungement eligibility, failing to offer a pathway to redemption for individuals who may have been rehabilitated from those specific crimes.
  • Retains the requirement that all court fees and fines must be paid before expungement, which continues to disproportionately penalize low-income individuals who cannot afford to clear their debt.
For Conservatives
  • Strictly prohibits expungement for serious crimes like violence, human trafficking, and driving under the influence, ensuring public safety and maintaining strict penalties for dangerous offenders.
  • Requires a lengthy 15-year crime-free waiting period for multiple felony expungements, ensuring individuals have thoroughly proven their rehabilitation before receiving leniency.
  • Mandates that all court-imposed fines, fees, and restitution must be paid in full before expungement is granted, ensuring offenders take financial responsibility for their actions.
  • Allows individuals with up to four felony convictions to hide their criminal history, which could deprive employers and landlords of the right to know a person's full background.
  • Removes the word "moral" from the requirement of establishing "good moral character," which may be seen as a retreat from traditional values and standards in the justice system.
  • Expands the administrative burden on the courts and law enforcement agencies to process and seal records for a larger pool of repeat felony offenders.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 56 additions · 13 deletions

SECTION 1. Sections 12-1.3-1, 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: 12-1.3-1. Definitions. For purposes of this chapter only, the following definitions apply:

(1) “Crime of violence” includes murder, manslaughter, first-degree arson, kidnapping with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree sexual assault, first- and second-degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

(2) “Expungement of records and records of conviction” means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation.

(3) “First offender” means a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.

(4) “Law enforcement agency” means a state police organization of this or any other state; the enforcement division of the department of environmental management; the office of the state fire marshal; the capitol police; a law enforcement agency of the federal government; and any agency, department, or bureau of the United States government that has as one of its functions the gathering of intelligence data.

(5) “Misdemeanor” includes, but is not limited to, those crimes previously classified as felonies under law at the time the original sentence was imposed but reclassified by the general assembly as a misdemeanor in the interim, prior to the time the motion to expunge is brought.

(6) “Other prohibited offenses” include:

(i) § 11-5-4 ("assault with dangerous weapon in dwelling house");

(ii) § 11-5-10.1 ("assault on persons sixty (60) years or older causing serious bodily injury");

(iii) § 11-5-10.2 ("assault on a person with severe impairments causing serious bodily injury");

(iv) § 11-5-10.4 ("assault on persons sixty (60) years of age or older by a caretaker causing serious bodily injury");

(v) § 11-5-14.1 ("assault on a child in care of DCYF causing serious bodily injury");

(vi) § 11-5-14.2 ("battery by an adult upon child ten (10) years of age or younger causing serious bodily injury");

(vii) § 11-9-5 ("cruelty to or neglect of child");

(viii) § 11-9-5.3 ("child abuse -- Brendan's law");

(ix) § 11-9-5.4 ("child endangerment");

(x) § 11-37.1-2(f) ("criminal offense against a victim who is a minor");

(xi) Chapter 47 of title 11 ("weapons");

(xii) Chapter 67.1 of title 11 ("uniform act on prevention of and remedies for human trafficking");

(xiii) § 31-26-1(d) ("duty to stop in accidents resulting in personal injury");

(xiv) § 31-27-1 ("driving so as to endanger, resulting in death");

(xv) § 31-27-2.2 ("driving under the influence of liquor or drugs, resulting in death"). (6)(7) “Records” and “records of conviction and/or probation” include all court records, all records in the possession of any state or local police department, the bureau of criminal identification, and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. The terms “records” and “records of conviction and/or probation” do not include the records and files of the department of attorney general which are not kept by the bureau of criminal identification in the ordinary course of the bureau’s business. 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, which is a crime of violence or other prohibited offenses, as defined in this chapter, 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) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one felony, but fewer than five (5) felonies, and has not been convicted of a crime of violence, or other prohibited offenses, may file a motion for the expungement of any or all of those felonies 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, crimes of violence and other prohibited offenses are not eligible for and may not be expunged under this subsection. Said person shall not be eligible to expunge the remainder of felony offenses otherwise not prohibited after a successful expungement subject to other provisions of this section. (c)(d) 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)(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.

(h) Subject to subsection (c) of this section, a person may file a motion for the expungement of records relating to felony convictions after fifteen (15) years from the date of the completion of their last sentence. (g)(i) 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. 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)(g), 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 only to §§ 12-1.3-2 (c) and (h), that in the fifteen (15) 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 character; and, provided that, convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1, crimes of violence and other prohibited offenses are not eligible and may not be expunged under this subsection.

(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. The hearing judge may consider the person’s background, employment, community ties and involvement in their community and other relevant considerations. No one factor that the hearing judge considers shall be determinative; provided, however, the judge may consider the person’s overall rehabilitative progress since their conviction.

(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) 12-1.3-2(i), 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.