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. Notably, it introduces the possibility for a person who is a first offender and has been convicted solely of one felony and one misdemeanor to file a motion for the expungement of the felony, provided that the felony is not a crime of violence or other specified offenses. Additionally, the bill stipulates that a person must wait fifteen years from the completion of their last sentence and comply with all requirements for filing a motion to expunge before they are eligible to be heard on a motion to expunge under this new provision.

The bill also makes adjustments to the criteria for granting expungement, including the requirement that the petitioner has not been convicted or arrested for any felony or misdemeanor in the five or ten years preceding the filing of the motion, depending on whether the conviction was for a misdemeanor or a felony, respectively. The petitioner must also have no pending criminal proceedings, owe no outstanding court-imposed fees (unless waived by the court), and have exhibited good moral character. Furthermore, the bill specifies that crimes of violence and other victim-related felonies are excluded from expungement. The act would take effect upon passage.

Statutes affected:
7053: 12-1.3-2