AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS (Makes persons convicted of petty misdemeanors eligible to have their records expunged one year after imposition of their sentence.)

H8085

2026 -- H 8085
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LC005816
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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, Handy, Ajello, Stewart, Batista, Sanchez,
Casimiro, and Potter

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled
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"Expungement of Criminal Records" are 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) years from the date of the completion of his or
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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) years from the date of the completion of his or her
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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) years from the date of the completion
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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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(h) Notwithstanding the provisions of subsections (a) through (f) of this section, a person
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may be eligible and file a motion for the expungement of records relating to a petty misdemeanor
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convictions as defined in § 11-1-2, after one year from the date of the imposition of their sentence.
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12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for granting.
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(a) Any person filing a motion for expungement of the records of his or her conviction
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pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the
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attorney general and the police department that originally brought the charge against the person at
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least ten (10) days prior to that date.
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(b) The court, after the hearing at which all relevant testimony and information shall be
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considered, may, in its discretion, order the expungement of the records of conviction of the person
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filing the motion if it finds:
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(1)(i) That in the five (5) years preceding the filing of the motion, if the conviction was for
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a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction was for
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a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor; there
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are no criminal proceedings pending against the person; that the person does not owe any
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outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such
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amounts are reduced or waived by order of the court; and he or she has exhibited good moral
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character;
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(ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the
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person has complied with all of the terms and conditions of the deferral agreement including, but
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not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and
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restitution to victims of crimes; there are no criminal proceedings pending against the person; and

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he or she has established good moral character. Provided, that no person who has been convicted
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of a crime of violence shall have their records relating to a deferred sentence expunged;
or
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(iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) years preceding the filing of
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the motion, if the convictions were for multiple misdemeanors, the petitioner has not been
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convicted nor arrested for any felony or misdemeanor; there are no criminal proceedings pending
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against the person; and they have exhibited good moral character; and, provided that convictions
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for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and may not be
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expunged under this subsection
; or
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(iv) Subject to § 12-1.3-2(h) convictions for petty misdemeanors may be expunged one
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year from the imposition of the sentence
.
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(2) That the petitioner’s rehabilitation has been attained to the court’s satisfaction and the
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expungement of the records of his or her conviction is consistent with the public interest.
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(c) If the court grants the motion, it shall order all records and records of conviction relating
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to the conviction expunged and all index and other references to it removed from public inspection.
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A copy of the order of the court shall be sent to any law enforcement agency and other agency
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known by either the petitioner, the department of the attorney general, or the court to have
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possession of the records. Compliance with the order shall be according to the terms specified by
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the court.
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(d) The defendant shall be advised at the hearing that any and all bail money relating to a
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case that remains on deposit and is not claimed at the time of expungement shall be escheated to
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the state’s general treasury in accordance with chapter 12 of title 8.
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(e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing
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at which it finds that all conditions of the original criminal sentence have been completed, and any
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and all fines, fees, and costs related to the conviction have been paid in full, order the expungement
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without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate
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that the prior criminal conviction would qualify as a decriminalized offense under current law. The
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demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to
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the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island
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law.
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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 make persons convicted of petty misdemeanors eligible to have their
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records expunged one year after imposition of their sentence.
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This act would take effect upon passage.
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