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S2313 2026 -- S 2313 ======== LC003996 ======== 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, Thompson, Acosta, Kallman, Bissaillon, Mack, Bell, Pearson, DiMario, and Lauria Date Introduced: January 23, 2026 Referred To: Senate Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Section 12-1.3-2 of the General Laws in Chapter 12-1.3 entitled 2 Expungement of Criminal Records is hereby amended to read as follows: 3 12-1.3-2. Motion for expungement. 4 (a) Any person who is a first offender may file a motion for the expungement of all records 5 and records of conviction for a felony or misdemeanor by filing a motion in the court in which the 6 conviction took place; provided, that no person who has been convicted of a crime of violence shall 7 have his or her records and records of conviction expunged; and provided, that all outstanding 8 court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary 9 obligations have been paid, unless such amounts are reduced or waived by order of the court. 10 (b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted 11 of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted 12 of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a 13 motion in the court in which the convictions took place; provided that convictions for offenses 14 under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged 15 under this subsection. 16 (c) Subject to subsection (a), a person may file a motion for the expungement of records 17 relating to a misdemeanor conviction after five (5) three (3) years from the date of the completion 18 of his or her sentence. 19 (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) five (5) years from the date of the completion of his or 2 her sentence. 3 (e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this 4 section, a person may file a motion for the expungement of records relating to a deferred sentence 5 upon its completion, after which the court will hold a hearing on the motion. 6 (f) Subject to subsection (b) of this section, a person may file a motion for the expungement 7 of records relating to misdemeanor convictions after ten (10) five (5) years from the date of the 8 completion of their last sentence. 9 (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person 10 may file a motion for the expungement of records related to an offense that has been decriminalized 11 subsequent to the date of their conviction, after which the court will hold a hearing on the motion 12 in the court in which the original conviction took place. 13 SECTION 2. This act shall take effect upon passage. ======== LC003996 ======== LC003996 - Page 2 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS *** 1 This act would reduce the time for expungements to three (3) years for a single 2 misdemeanor and five (5) years for felonies and multiple misdemeanors. 3 This act would take effect upon passage. ======== LC003996 ======== LC003996 - Page 3 of 3
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