Reduces the time for expungements to three (3) years for a single misdemeanor and five (5) years for felonies and multiple misdemeanors.
Summary
House Bill 5441 amends Rhode Island’s expungement law to shorten the waiting periods before a person may seek expungement of criminal records. For a single misdemeanor, the waiting period is reduced from five years to three years after completion of sentence. For felony convictions, the waiting period is reduced from ten years to five years. The bill also reduces the waiting period for expungement of records relating to multiple misdemeanors, allowing a person with more than one but fewer than six misdemeanors, and no felony conviction, to seek expungement after five years rather than ten.
The bill preserves existing limits on eligibility. People convicted of crimes of violence remain ineligible for expungement, and certain offenses, including specified motor vehicle and domestic violence-related offenses, are excluded from the multiple-misdemeanor expungement provision. It also maintains the requirement that court-imposed fees, fines, costs, assessments, and other monetary obligations be paid unless waived or reduced by the court. The bill additionally confirms that deferred sentences may still be expunged upon completion and allows expungement of offenses that have since been decriminalized.
Impact
This bill would directly amend Rhode Island General Laws chapter 12-1.3 governing expungement of criminal records by changing the statutory waiting periods for filing motions to expunge. It would make expungement available sooner for eligible misdemeanor and felony convictions, while leaving the basic structure of the expungement process, court jurisdiction, and disqualifying offense categories in place. The bill would affect people with prior criminal convictions seeking record relief, as well as courts that process expungement motions and agencies that maintain criminal records.
Sentiment
The available voting history suggests the bill was broadly supported, passing the House 69-3. No committee transcript is available in the provided materials, but the strong margin indicates general agreement with expanding access to expungement and reducing the time people must wait to clear eligible records. The bill’s caption and text frame it as a criminal justice reform measure focused on record relief and reentry.
Contention
The main points of contention are likely to center on how quickly records should become eligible for expungement and which offenses should remain excluded. Supporters would favor earlier relief for people with completed sentences, especially for misdemeanors and decriminalized offenses, while opponents may be concerned about public safety, repeat offending, and whether shorter waiting periods give sufficient time to demonstrate rehabilitation. The bill’s carve-outs for crimes of violence and certain excluded offenses reflect an effort to balance those concerns.