RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS
Impact
If passed, HB 7079 would significantly alter how the expungement process works for those with criminal records in Rhode Island. The bill lays out detailed conditions under which individuals with multiple offenses can petition for the removal of their records. Importantly, it would establish a framework for the courts to assess a petitioner’s suitability for expungement based on their rehabilitation progress, which could lead to a reduction in barriers for employment and housing for many formerly incarcerated individuals. This change in law aligns with a broader movement toward criminal justice reform aimed at reducing recidivism and enhancing the prospects for successful reintegration.
Summary
House Bill 7079 proposes amendments to the existing criminal procedure laws in Rhode Island, specifically targeting the expungement of criminal records. The bill provides criteria under which individuals convicted of multiple felonies and misdemeanors can seek to have their criminal records expunged, thereby aiming to support the reintegration of individuals into society after serving their sentences. The intent is to provide a pathway for those who have shown rehabilitation and good character to clear their records and minimize the lifelong consequences of previous convictions.
Sentiment
The sentiment surrounding HB 7079 appears to be generally supportive among criminal justice reform advocates and some lawmakers who see it as a necessary step toward addressing the adverse consequences of a criminal history on individuals' lives. However, there may be concerns from parts of the community regarding the risks associated with expunging records, particularly in cases involving serious crimes. The balance between supporting second chances for individuals and maintaining public safety will likely be a prominent theme in discussions about the bill.
Contention
Notable points of contention include the bill’s criteria for expungement, particularly concerning which offenses can be eligible for sealment. The bill explicitly bars expungement for certain serious offenses, commonly referred to as 'crimes of violence', which could lead to debate about whether these restrictions adequately balance the need for public safety with the desire to facilitate rehabilitation. Additionally, determining what constitutes 'good character' and how it is assessed by the court may lead to varied interpretations that could affect how fairly the law is applied.
Limits the use of certain criminal records and credit history reports in denying housing to prospective applicants, and provides for fines for failure to comply. This act further requires notices of denials to be sent to the prospective tenants.
Permits those individuals convicted of multiple felonies and misdemeanors to have their records expunged and provide criteria for the court to consider in determining whether the person is of good moral character.
Decriminalizes certain commercial sexual activity. It would also include human trafficking as a racketeering activity and would allow expungements of certain convictions in § 11-34.1 after one year.
Provides that a person over 18 yrs can purchase/possess a stun gun or electronic dart gun, prohibits sale of a stun gun or electronic dart gun to anyone under18 yrs, and criminalizes the use of a stun gun or electronic dart gun in any criminal offense.