Bill Summary – FastDemocracy

-- H 7689
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     LC004008
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                       S TATE               OF          RHODE               IS L A N D
                                           IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2022
                                              ____________
                                                 A N     A CT
     RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF
                                 CRIMINALS
                Introduced By: Representatives Williams, Giraldo, Morales, Perez, and Alzate
                Date Introduced: March 02, 2022
                Referred To: House Judiciary
     It is enacted by the General Assembly as follows:
          SECTION 1. Section 12-1-12.1 of the General Laws in Chapter 12-1 entitled
  "Identification and Apprehension of Criminals" is hereby amended to read as follows:
          12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated.
          (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,
  including, but not limited to, dismissal or filing of a no true bill or no information, may file a motion
  for the sealing of his or her court records in the case.
          (b) Any person filing a motion for sealing his or her court records pursuant to this section
  shall give notice of the hearing date set by the court to the department of the attorney general and
  the police department that originally brought the charge against the person at least ten (10) days
 prior to the hearing.
         (c) If the court, after the hearing at which all relevant testimony and information shall be
 considered, finds that the person is entitled to the sealing of the records, it shall order the sealing
 of the court records of the person in that case.
         (d) The clerk of the court shall, within forty-five (45) days of the order of the court granting
 the motion, place under seal the court records in the case in which the acquittal, dismissal, no true
 bill, no information, or other exoneration has been entered.
         (e) Notwithstanding any other provision of this section, in all cases involving a filing
 subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving
  domestic violence, the court having jurisdiction over the case shall retain the records of the case
  for a period of three (3) years from the date of filing. The records shall not be expunged or sealed
  for a period of three (3) years from the date of the filing.
           (f) The defendant shall be advised at the hearing that any and all bail money relating to a
  case that remains on deposit and is if not claimed at the time of within forty-eight (48) hours from
  the time of the sealing shall be escheated to the state's general treasury in accordance with chapter
  12 of title 8.
           SECTION 2. Sections 12-1.3-2, 12-1.3-3 and 12-1.3-4 of the General Laws in Chapter 12-
  1.3 entitled "Expungement of Criminal Records" are hereby amended to read as follows:
          12-1.3-2. Motion for expungement.
          (a) Any person who is a first offender may file a motion for the expungement of all records
 and records of conviction for a felony or misdemeanor by filing a motion in the court in which the
 conviction took place; provided, that no person who has been convicted of a crime of violence shall
 have his or her records and records of related to that conviction expunged; and provided, that all
 outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other
 monetary obligations have been paid, unless such amounts are reduced or waived by order of the
 court.
          (b) Notwithstanding § 12-1.3-1(3) ("first offender"), any person who has been convicted
 of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted
 of a felony offense constituting a crime of violence may file a motion for the expungement of any
 or all of those misdemeanors by filing a motion in the court in which the convictions took place;
 provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not
 eligible for and may not be expunged under this subsection; provided, however, that convictions
 for offenses under chapter 29 of title 12 or §§ 31-27-2 or 31-27-2.1 shall not be counted toward the
 number of relevant convictions under this subsection and further, provided, that any person with
 only one conviction under chapter 29 of title 12 or §§ 31-27-2 or 31-27-2.1 shall be eligible to have
 their records expunged for those offenses five (5) years after the conviction occurs and any person
 with no more than two (2) convictions for those offenses shall be eligible to have those records
 expunged ten (10) years after those convictions occur if they have not otherwise been arrested or
 convicted for any other offense subsequent to the last conviction.
          (c) Subject to subsection (a), a person may file a motion for the expungement of records
 relating to a misdemeanor conviction after five (5) three (3) years from the date of the completion
 of his or her sentence.
          (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) three and one half (3.5) years from the date of the
  completion of his or her sentence. Notwithstanding § 12-1.3-1(3) ("first offender"), any person who
  has been convicted of more than one felony, but fewer than six (6) felonies, and has not been
  convicted of a felony offense constituting a crime of violence, may file a motion for the
  expungement of any or all of those felonies by filing a motion in the court in which the convictions
  took place; provided, that convictions for felony offenses under chapter 29 of title 12, § 31-27-2 or
  § 31-27-2.1 are not eligible for and may not be expunged under this subsection.
          (f) Subject to subsection (b) of this section, a person may file a motion for the expungement
  of records relating to misdemeanor convictions after ten (10) three and one half (3.5) years from
 the date of the completion of their last sentence. Further subject to subsection (d) of this section, a
 person may file a motion for the expungement of records relating to felony convictions after ten
 (10) years from the date of the completion of their last sentence.
         (g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person
 may file a motion for the expungement of records related to an offense that has been decriminalized
 subsequent to the date of their conviction, after which the court will hold a hearing on the motion
 in the court in which the original conviction took place. The court shall expunge any records of
 conviction for any offense that has been decriminalized.
         12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.
         (a) Any person filing a motion for expungement of the records of his or her conviction
 pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the
 attorney general and the police department that originally brought the charge against the person at
 least ten (10) days prior to that date.
         (b) The court, after the hearing at which all relevant testimony and information shall be
 considered, may, in its discretion, shall order the expungement of the records of conviction of the
 person filing the motion if it finds:
         (1)(i) That in the five (5) three (3) years preceding the filing of the motion, if the conviction
 was for a misdemeanor, or in the ten (10) five (5) years preceding the filing of the motion, if the
 conviction was for a felony, the petitioner has not been convicted nor arrested for any felony or
 misdemeanor; there are no criminal proceedings pending against the person; that the person does
 not owe any outstanding court-imposed or court-related fees, fines, costs, assessments, or charges,
 unless such amounts are reduced or waived by order of the court, and he or she has exhibited good
 moral character;
         (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that the
 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
  restitution to victims of crimes; there are no criminal proceedings pending against the person; and
  he or she has established good moral character. Provided, that no person who has been convicted
  of a crime of violence shall have their records relating to a deferred sentence expunged; or
          (iii) Subject only to §§ 12-1.3-2(b) and (f), that in the ten (10) three (3) years preceding the
  filing of the motion, if the convictions were for multiple misdemeanors, or ten (10) years if the
  convictions were for multiple felonies, the petitioner has not been convicted nor arrested for any
  felony or misdemeanor; there are no criminal proceedings pending against the person; and they
  have exhibited good moral character; and, provided, subject to § 12-1.3-2 (b), (d) and (f), that
 convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible and
 may not be expunged under this subsection.
         (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the
 expungement of the records of his or her conviction is consistent with the public interest.
         (c) If the court grants the motion, it shall, after payment by the petitioner of a one hundred
 dollar ($100) fee to be paid to the court, order all records and records of conviction relating to the
 conviction expunged and all index and other references to it removed from public inspection. A
 copy of the order of the court shall be sent to any law enforcement agency and other agency known
 by either the petitioner, the department of the attorney general, or the court to have possession of
 the record including, but not limited to, the department of probation and parole. Compliance with
 the order shall be according to the terms specified by the court.
         (d) The defendant shall be advised at the hearing that any and all bail money relating to a
 case that remains on deposit and is not claimed at the time of expungement shall be escheated to
 the state's general treasury in accordance with chapter 12 of title 8.
         (e) In cases of expungement sought pursuant to § 12-1.3-2(g), the court shall, after a hearing
 at which it finds that all conditions of the original criminal sentence have been completed, and any
 and all fines, fees, and costs related to the conviction have been paid in full, order the expungement
 without cost to the petitioner. At the hearing, the court may require the petitioner to demonstrate
 that the prior criminal conviction would qualify as a decriminalized offense under current law. The
 demonstration may include, but is not limited to, an affidavit signed by the petitioner attesting to
 the fact that the prior conviction qualifies as a decriminalized offense under current Rhode Island
 law.
         12-1.3-4. Effect of expungement of records -- Access to expunged records -- Wrongful
 disclosure.
         (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
  of any subsequent crime, the expunged conviction may be considered as a prior conviction in
  determining the sentence to be imposed.
          (b) In any application for employment, license, or other civil right or privilege, or any
  appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this
  chapter may state that he or she has never been convicted of the crime; provided, that if the person
  is an applicant for a law enforcement agency position, for admission to the bar of any court, an
  applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16-
  11.1-1, or the operator or employee of an early childhood education facility pursuant to chapter
 48.1 of title 16, the person shall disclose the fact of a conviction.
         (c) Whenever the records of any conviction and/or probation of an individual for the
 commission of a crime have been expunged under the provisions of this chapter, any custodian of
 the records of conviction relating to that crime shall not disclose the existence of the records upon
 inquiry from any source unless the inquiry is that of the individual whose record was expunged,
 that of a sentencing court following the conviction of the individual for the commission of a crime,
 or that of a bar admission, character and fitness, or disciplinary committee, board, or agency, or
 court which is considering a bar admission, character and fitness, or disciplinary matter, or that of
 the commissioner of elementary and secondary education, or that of any law enforcement agency
 when the nature and character of the offense with which an individual is to be charged would be
 affected by virtue of the person having been previously convicted of the same offense.
         (d) The custodian of any records which have been expunged pursuant to the provisions of
 this chapter shall only release or allow access to those records for the purposes specified in
 subsections (b) or (c) of this section or by order of a court. Any agency and/or person who willfully
 refuses to carry out the expungement of the records of conviction pursuant to § 12-1.3-2, or this
 section or willfully releases or willfully allows access to records of conviction, knowing them to
 have been expunged, shall be civilly liable.
         SECTION 3. This act shall take effect upon passage.
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                                             EXPLANATION
                                 BY THE LEGISLATIVE COUNCIL
                                                   OF
                                             A N    A CT
    RELATING TO CRIMINAL PROCEDURE -- IDENTIFICATION AND APPREHENSION OF
                                CRIMINALS
                                                   ***
        This act would lower the time limitations for certain expungement and amend the eligibility
 requirements for certain expungements.
        This act would take effect upon passage.
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Statutes affected: 
12-1-12.1