AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS (Allows a law enforcement agency to consider expunged records when issuing a license or permit to carry a pistol or revolver.)

H8081

2026 -- H 8081
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LC005627
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

Introduced By:
Representatives McEntee, Caldwell, Dawson, Spears, O'Brien, and
Edwards

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
(Attorney General)
It is enacted by the General Assembly as follows:
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SECTION 1. Section 12-1.3-4 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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12-1.3-4. Effect of expungement of records — Access to expunged records —
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Wrongful disclosure.
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(a) Any person having his or her record expunged shall be released from all penalties and
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disabilities resulting from the crime of which he or she had been convicted, except, upon conviction
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of any subsequent crime, the expunged conviction may be considered as a prior conviction in
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determining the sentence to be imposed.
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(b) In any application for employment, license, or other civil right or privilege, or any
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appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this
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chapter may state that he or she has never been convicted of the crime; provided, that if the person
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is an applicant for a law enforcement agency position, for admission to the bar of any court, an
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applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16-
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11.1-1,
or
the operator or employee of an early childhood education facility pursuant to chapter
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48.1 of title 16,
or an applicant for a license or permit to carry a pistol or revolver under §§ 11-47-
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11 or 11-47-18,
the person shall disclose the fact of a conviction.
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(c) Whenever the records of any conviction and/or probation of an individual for the
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commission of a crime have been expunged under the provisions of this chapter, any custodian of
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the records of conviction relating to that crime shall not disclose the existence of the records upon

1
inquiry from any source unless the inquiry is that of the individual whose record was expunged,
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that of a sentencing court following the conviction of the individual for the commission of a crime,
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or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or
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court which is considering a bar admission, character and fitness, or disciplinary matter, or that of
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the commissioner of elementary and secondary education, or that of any law enforcement agency
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when the nature and character of the offense with which an individual is to be charged would be
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affected by virtue of the person having been previously convicted of the same offense
, or that of
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any law enforcement agency which is considering the issuance of a license or permit to carry a
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pistol or revolver under §§ 11-47-11 or 11-47-18
.
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(d) The custodian of any records which have been expunged pursuant to the provisions of
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this chapter shall only release or allow access to those records for the purposes specified in
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subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully
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refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this
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section or willfully releases or willfully allows access to records of conviction, knowing them to
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have been expunged, shall be civilly liable.
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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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1
This act would allow a law enforcement agency to consider expunged records when issuing
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a license or permit to carry a pistol or revolver.
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This act would take effect upon passage.
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LC005627
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LC005627 - Page 3 of 3