The bill amends sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3 entitled "Expungement of Criminal Records" to allow for the expungement of criminal records under certain conditions. It introduces a new provision where a person who is a first offender and has been convicted solely of one felony and one misdemeanor may file a motion for the expungement of the felony, provided that the felony is not a crime of violence or other specified offenses. The eligibility for filing such a motion requires the individual to have completed their last sentence at least fifteen years prior to filing and to have paid all court-imposed or court-related financial obligations. The bill also updates the sections to reflect the new subsections, including the addition of subsection (c) and renumbering subsequent subsections accordingly.

The bill further outlines the notice requirements, hearing procedures, and criteria for granting expungement motions. It specifies that the court may order expungement if the petitioner has not been convicted or arrested for any felony or misdemeanor in the specified time preceding the motion, has no pending criminal proceedings, has paid all financial obligations unless waived by the court, and has exhibited good moral character. Additionally, the bill states that the expungement must be consistent with the public interest and the petitioner's rehabilitation must be satisfactory to the court. The bill would take effect upon passage and specifies that crimes of violence and other victim-related felonies are excluded from expungement, with a 15-year waiting period before filing a motion to expunge.

Statutes affected:
7053: 12-1.3-2