House Bill #5205 (2017)

AN ACT RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS

Enables persons with limited exceptions misdemeanor convictions to obtain an expungement of the records of those convictions, as long as the person has not been convicted of any felony.

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Changes since original draft

  • 2017 – H 5205
  • 2017 – H 5205 SUBSTITUTE A
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  • LC000730
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS
  • Introduced By: Representatives Lima, Slater, Fellela, Almeida, and Diaz
  • Date Introduced: January 26, 2017
  • Referred To: House Judiciary
  • (Attorney General)
  • It is enacted by the General Assembly as follows:
  • 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:
  • It is enacted by the GeneralAssembly as follows:
  • 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) 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.
  • (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 allof 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.
  • (b)(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.
  • (c)(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.
  • (c)(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.
  • (d)(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.
  • 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, but not records of conviction of offenses under chapter 29 of title 12, §§31-27-2 or 31-27-2.1 if the petitioner has been convicted of more than one misdemeanor, of the person filing the motion if it finds:
  • (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; or
  • (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) 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
  • (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 moralcharacter. 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 criminalproceedings pending against the person, and they have exhibited good moral character; and, provided that convictions
  • LC000730/SUB A/3 - Page 2of 4 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.
  • (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, after payment by the petitioner of a one hundred dollar ($100) fee to be paid to the court, 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.
  • SECTION 2. This act shall take effect upon passage and apply to all convictions imposed before or after the effective date.
  • (c) If the court grants the motion, it shall, after payment by the petitioner of a one hundred dollar ($100) fee to be paid to the court, 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 enforcementagencyand 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 shallbe according to the terms specified by the court.
  • (d) The defendant shall be advised at the hearing that any and allbailmoney relating to a case that remains on deposit and is not claimed at the time of expungement shallbe escheated to the state's generaltreasury in accordance with chapter 12 of title 8.
  • SECTION 2. This act shall take effect upon passage and apply to allconvictions imposed before or after the effective date.
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS
  • ***
  • This act would make persons with up to six (6) misdemeanor convictions eligible for the expungement of all records and records of convictions, provided that no person who has been convicted of any felony shall have their records of conviction expunged and convictions for offenses under chapter 29 of title 12, §§31-27-2 or 31-27-2.1 shall not be eligible for and may not be expunged, by filing a motion after ten (10) years from the date of the completion of their last sentence.
  • This act would take effect upon passage and would apply to all convictions imposed before or after the effective date. ======== LC000730 ========
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE - EXPUNGEMENT OF CRIMINAL RECORDS
  • ***
  • This act would enable persons with less than six (6) misdemeanor convictions to obtain an expungement of the records of those convictions, as long as the person has not been convicted of any felony. Misdemeanor convictions for domestic violence or driving under the influence of alcohol or drugs and refusal to submit to a chemical test, would not be eligible for expungement under this act. Persons with multiple misdemeanor convictions may only file for expungement at least ten (10) years after the completion of their sentences and the person has not been arrested for any felony or other misdemeanors, and has no pending criminal proceedings.
  • This act would take effect upon passage and would apply to all convictions imposed before or after the effective date. ======== LC000730/SUB A/3 ========
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Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 08, 2017 at 4:29pm
Yeas: 71 / Nays: 0 / Not voting: 4 / Recused: 0
Legislator Vote
Rep. Abney NV
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn NV
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy NV
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams NV
Rep. Winfield Y

Floor vote for Passage In Concurrence

June 30, 2017 at 9:55pm
Yeas: 28 / Nays: 3 / Not voting: 6 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley NV
Sen. DaPonte NV
Sen. DiPalma NV
Sen. Doyle NV
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan N
Sen. Nesselbush Y
Sen. Paolino N
Sen. Pearson NV
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis N
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney NV
Sen. Sheehan Y
Sen. Sosnowski Y