S 2983

2026 -- S 2983
========
LC005680
========
  STATE  OF        RHODE  ISLAND
  IN GENERAL ASSEMBLY
  JANUARY SESSION, A.D. 2026
  ____________
  AN ACT
 RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
  Introduced By: Senators Quezada, LaMountain, Bissaillon, McKenney, Euer, DiMario,
  Mack, and Vargas
  Date Introduced: March 04, 2026
  Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
1SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled
2 "Expungement of Criminal Records" is hereby amended to read as follows:
312-1.3-2. Motion for expungement.
4(a) Any person who is a first offender may file a motion for the expungement of all records
5 and records of conviction for a felony or misdemeanor by filing a motion in the court in which the
6 conviction took place; provided, that no person who has been convicted of a crime of violence shall
7 have his or her records and records of conviction expunged; and provided, that all outstanding
8 court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary
9 obligations have been paid, unless such amounts are reduced or waived by order of the court.
10(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted
11 of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted
12 of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a
13 motion in the court in which the convictions took place; provided that convictions for offenses
14 under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged
15 under this subsection.
16(c) Subject to subsection (a), a person may file a motion for the expungement of records
17 relating to a misdemeanor conviction after five (5) years from the date of the completion imposition
18 of his or her sentence.
19(d) Subject to subsection (a), a person may file a motion for the expungement of records
1 relating to a felony conviction after ten (10) years from the date of the completion imposition of
2 his or her sentence, or if the sentence is greater than ten (10) years, then the person may file for
3 expungement upon the successful completion of their sentence.
4(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this
5 section, a person may file a motion for the expungement of records relating to a deferred sentence
6 upon its completion, after which the court will hold a hearing on the motion.
7(f) Subject to subsection (b) of this section, a person may file a motion for the expungement
8 of records relating to misdemeanor convictions after ten (10) years from the date of the completion
9 of their last sentence.
10(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person
11 may file a motion for the expungement of records related to an offense that has been decriminalized
12 subsequent to the date of their conviction, after which the court will hold a hearing on the motion
13 in the court in which the original conviction took place.
14SECTION 2. This act shall take effect upon passage.
========
LC005680
========
  LC005680 - Page 2 of 3
  EXPLANATION
  BY THE LEGISLATIVE COUNCIL
  OF
  AN ACT
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
  ***
1This act would permit the expungement of records 5 years after the imposition of sentence
2 for misdemeanors and 10 years after the imposition of sentence for felonies, and if the sentence is
3 greater than 10 years, then, upon successful completion of the sentence.
4This act would take effect upon passage.
    ========
    LC005680
    ========
  LC005680 - Page 3 of 3