AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS (Permits the expungement of records 5 years after the imposition of sentence for misdemeanors and 10 years after the imposition of sentence for felonies, and if the sentence is greater than 10 years, then, upon successful completion of the sentence.)

S2983

2026 -- S 2983
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LC005680
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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:
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:
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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) years from the date of the
completion

imposition

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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

1
relating to a felony conviction after ten (10) years from the date of the
completion

imposition
of
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his or her sentence
, or if the sentence is greater than ten (10) years, then the person may file for
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expungement upon the successful completion of their 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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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
***
1
This 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
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greater than 10 years, then, upon successful completion of the sentence.
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This act would take effect upon passage.
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LC005680
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LC005680 - Page 3 of 3