AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS (Reduces the time for expungements to 3 years for a single misdemeanor and 5 years for felonies and multiple misdemeanors.)

H7281

2026 -- H 7281
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LC003144
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

Introduced By:
Representatives Cruz, J. Brien, Potter, Stewart, Kislak, Place, McEntee,
Sanchez, Shanley, and Craven

Date Introduced:
January 23, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled
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"Expungement of Criminal Records" is hereby amended to read as follows:
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12-1.3-2. Motion for expungement.
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(a) Any person who is a first offender may file a motion for the expungement of all records
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and records of conviction for a felony or misdemeanor by filing a motion in the court in which the
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conviction took place; provided, that no person who has been convicted of a crime of violence shall
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have his or her records and records of conviction expunged; and provided, that all outstanding
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court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary
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obligations have been paid, unless such amounts are reduced or waived by order of the court.
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(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted
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of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted
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of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a
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motion in the court in which the convictions took place; provided that convictions for offenses
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under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged
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under this subsection.
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(c) Subject to subsection (a), a person may file a motion for the expungement of records
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relating to a misdemeanor conviction after
five (5)

three (3)
years from the date of the completion
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of his or her sentence.
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(d) Subject to subsection (a), a person may file a motion for the expungement of records

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relating to a felony conviction after
ten (10)

five (5)
years from the date of the completion of his or
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her sentence.
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(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this
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section, a person may file a motion for the expungement of records relating to a deferred sentence
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upon its completion, after which the court will hold a hearing on the motion.
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(f) Subject to subsection (b) of this section, a person may file a motion for the expungement
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of records relating to misdemeanor convictions after
ten (10)

five (5)
years from the date of the
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completion of their last sentence.
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(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person
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may file a motion for the expungement of records related to an offense that has been decriminalized
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subsequent to the date of their conviction, after which the court will hold a hearing on the motion
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in the court in which the original conviction took place.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
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This act would reduce the time for expungements to three (3) years for a single
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misdemeanor and five (5) years for felonies and multiple misdemeanors.
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This act would take effect upon passage.
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LC003144
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