The bill amends Section 12-1.3-2 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 specifies that a first offender may file a motion for the expungement of felony or misdemeanor records, provided they have not been convicted of a crime of violence and have paid all court-imposed fees, unless waived by the court. The bill also includes a deletion, indicating that individuals with more than one misdemeanor but fewer than six misdemeanors can seek expungement, regardless of whether they have been convicted of a felony, with certain offenses being ineligible for expungement.
The bill outlines the waiting periods for filing a motion for expungement: five years for misdemeanors and ten years for felonies after the completion of the sentence. Additionally, it allows for immediate expungement of records related to a deferred sentence upon completion and for offenses that have been decriminalized after the date of conviction. The bill would permit individuals with felony convictions to have up to six misdemeanor offenses expunged from their record and would take effect upon passage.
Statutes affected: 5072: 12-1.3-2