S 3108Criminal Procedure

Criminal Procedure - Expungement of Criminal Records

Requires individuals to disclose expunged criminal records when applying for a permit to carry a pistol or revolver.

Held for study

Population
Affected

Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the state laws regarding the expungement of criminal records. Currently, individuals whose criminal records have been expunged can generally deny the existence of those convictions on most applications. This bill creates a specific exception for individuals applying for a license or permit to carry a pistol or revolver. Under this new rule, applicants must disclose their expunged convictions to the licensing authority. Additionally, the bill authorizes record custodians to release these otherwise sealed records to law enforcement agencies for the purpose of processing these specific firearm permit applications.

For younger readers

When people break the law, they get a criminal record. Sometimes, if they behave well later, the government lets them "clean" or "expunge" that record so nobody can see it anymore. Usually, this means they don't have to tell anyone about those past mistakes. This new bill changes the rules for people who want a special license to carry a handgun. It says that even if their record was cleaned, they must tell the police about their past crimes when applying for a gun permit. This helps the police decide if it is safe for that person to carry a weapon.

Who & Where It Applies

Impacted groups

Gun ownersPistol permit applicantsLaw enforcement agenciesIndividuals with expunged recordsCourt record custodians

Impacted communities

All

Constitutional & Fiscal Check

Moderate risk

Moderate. While the Supreme Court (Bruen) affirmed a right to carry, states may still conduct background checks. However, using expunged (legally nonexistent) records to deny a constitutional right could be challenged as a violation of Due Process or an arbitrary restriction on Second Amendment rights. The risk depends on whether the denial of a permit based on an expunged record is deemed "consistent with the Nation's historical tradition of firearm regulation."

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Enhances community safety by ensuring that law enforcement has a complete history of an individual's behavior before authorizing them to carry a concealed deadly weapon.
Closes a loophole that allowed individuals with potentially concerning histories of violence or instability to hide relevant information during the firearm permitting process.
Prioritizes the collective welfare and safety of the public over the individual privacy of those seeking to carry firearms in public spaces.
Undermines the fundamental principle of expungement, which is intended to offer a true "clean slate" and full rehabilitation to individuals who have paid their debt to society.
Expands the surveillance power of the carceral state by granting law enforcement access to sealed records that were legally determined to be removed from public view.
May disproportionately impact marginalized communities who are already over-policed and rely on expungement to reintegrate into society, creating barriers to self-defense that do not exist for the wealthy.

For Conservatives

Empowers law enforcement officers with all necessary information to make informed decisions regarding public safety and the issuance of permits.
Upholds a "law and order" philosophy by ensuring that past criminal behavior cannot be hidden from authorities when requesting the responsibility of carrying a lethal weapon.
Prevents individuals with a criminal history from exploiting legal technicalities to obtain privileges that might otherwise be denied to them based on character.
Infringes upon Second Amendment rights by creating additional bureaucratic hurdles and privacy invasions for citizens seeking to exercise their right to bear arms.
Represents government overreach by ignoring the legal status of an expunged record, effectively saying the government never truly forgives or forgets.
Creates a registry-like environment where the government retains the ability to use a citizen's past against them indefinitely, even after the legal system declared the record expunged.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 7 additions · 1 deletion

It is enacted by the General Assembly as follows:

SECTION 1. Section 12-1.3-4 of the General Laws in Chapter 12-1.3 entitled "Expungement of Criminal Records" is hereby amended to read as follows: 12-1.3-4. Effect of expungement of records — Access to expunged records — Wrongful disclosure.

(a) Any person having his or her record expunged shall be released from all penalties and disabilities resulting from the crime of which he or she had been convicted, except, upon conviction of any subsequent crime, the expunged conviction may be considered as a prior conviction in determining the sentence to be imposed.

(b) In any application for employment, license, or other civil right or privilege, or any appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this chapter may state that he or she has never been convicted of the crime; provided, that if the person is an applicant for a law enforcement agency position, for admission to the bar of any court, an applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16- 11.1-1, or the operator or employee of an early childhood education facility pursuant to chapter 48.1 of title 16, or an applicant for a license or permit to carry a pistol or revolver under §§ 11-47- 11 or 11-47-18, the person shall disclose the fact of a conviction.

(c) Whenever the records of any conviction and/or probation of an individual for the commission of a crime have been expunged under the provisions of this chapter, any custodian of the records of conviction relating to that crime shall not disclose the existence of the records upon inquiry from any source unless the inquiry is that of the individual whose record was expunged, that of a sentencing court following the conviction of the individual for the commission of a crime, or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or court which is considering a bar admission, character and fitness, or disciplinary matter, or that of the commissioner of elementary and secondary education, or that of any law enforcement agency when the nature and character of the offense with which an individual is to be charged would be affected by virtue of the person having been previously convicted of the same offense, or that of any law enforcement agency which is considering the issuance of a license or permit to carry a pistol or revolver under §§ 11-47-11 or 11-47-18.

(d) The custodian of any records which have been expunged pursuant to the provisions of this chapter shall only release or allow access to those records for the purposes specified in subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this section or willfully releases or willfully allows access to records of conviction, knowing them to have been expunged, shall be civilly liable.

SECTION 2. This act shall take effect upon passage.