Expungement law may finally be changed.   Revising first time offender language.

March 29, 2012

Via http://www.rilin.state.ri.us/billtext12/senatetext12/s2524.pdf

======= LC01074 =======

2012 — S 2524

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012 ____________

AN ACT

page1image1748 page1image1832 page1image1916

RELATING TO CRIMINAL PROCEDURE — IDENTIFICATION AND APPREHENSION OF CRIMINALS

Introduced By: Senators Metts, Pichardo, Perry, Jabour, and Crowley Date Introduced: February 16, 2012
Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:
SECTION 1. Section 12-1.3-1 of the General Laws in Chapter 12-1.3 entitled

“Expungement of Criminal Records” is hereby amended to read as follows:
12-1.3-1. Definitions. — For purposes of this chapter only, the following definitions

apply:
(1) “Crime of violence” includes murder, manslaughter, first degree arson, kidnapping

with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

(2) “Expungement of records and records of conviction” means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation.

(3) “First offender” means a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor , or a person who has been convicted of not more than two (2) misdemeanor offenses, and who has not been previously convicted of or placed on probation for a felony and against whom there is no criminal proceeding pending in any court.

(4) “Law enforcement agency” means a state police organization of this or any other state, the enforcement division of the department of environmental management, the office of thE state fire marshal, the capitol police, a law enforcement agency of the federal government, and any agency, department, or bureau of the United States government which has as one of it functions the gathering of intelligence data

 (5) “Records” and “records of conviction and/or probation” include all court records, all records in the possession of any state or local police department, the bureau of criminal identification and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. The terms “records” and “records of conviction, and/or probation” do not include the records and files of the department of attorney general which are not kept by the bureau of criminal identification in the ordinary course of the bureau’s business?

SECTION 2. This act shall take effect upon passage.

  1. ======= LC01074 ======== 

EXPLANATION
BY THE LEGISLATIVE COUNCIL OF

AN ACT

RELATING TO CRIMINAL PROCEDURE — IDENTIFICATION AND APPREHENSION OF CRIMINALS

***
This act would permit certain individuals with a record of two misdemeanor convictions 
to still be eligible for expungement of those records by redefining the term “first time offender.” This act would take effect upon passage. 

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