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HB 8082

AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

2026 Regular Session Introduced by Pat Serpa

HB 8082 expands expungement eligibility with a 10-year lookback for DUI matters, standardizes rules for misdemeanors/felonies, and streamlines agency notice and orders.

04/28/2026 Committee recommended measure be held for further study
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Bill Summary · HB 8082

Legislative Bill Summary — HB 8082 (Rhode Island, 2026)

Title

AN ACT RELATING TO CRIMINAL PROCEDURE -- EXPUNGEMENT OF CRIMINAL RECORDS

Purpose and Intent

HB 8082 would revise Rhode Island’s expungement framework to align with a 10-year lookback period for DUI-related offenses and to clarify expungement procedures across misdemeanors, felonies, deferred sentences, and certain decriminalized offenses. The bill aims to expand and standardize eligibility rules for expungement and to streamline court processes for clearing criminal records.

Key Provisions and Changes

Expungement Eligibility (12-1.3-2)

  • First-offender expungement is allowed for all records and conviction records for felonies or misdemeanors, with two major caveats:
    • Records of violence offenses are ineligible for expungement.
    • All outstanding court-imposed fees, fines, costs, assessments, and monetary obligations must be paid unless the court waives or reduces them.
  • For individuals with multiple misdemeanors (more than one, but fewer than six) and no felony conviction, expungement is allowed for misdemeanor convictions (except certain offenses listed in subsection exclusions).
  • Time-based eligibility windows:
    • Misdemeanors: expungement may be sought after 5 years from completion of sentence.
    • Felonies: expungement may be sought after 10 years from completion of sentence.
    • Certain offenses under § 31-27-2 or § 31-27-2.1 have special timing rules (e.g., ten-year lookback applies for some cases).
    • Deferred sentences: expungement may be sought after completion of the deferred sentence, with a hearing.
    • Decriminalized offenses: expungement may be sought after the offense has been decriminalized, with a hearing.

Notice and Hearing Criteria (12-1.3-3)

  • The petitioner must notify the Department of the Attorney General and the original police department at least 10 days before the hearing.
  • The court may grant expungement based on standards including:
    • Absence of new felonies/misdemeanors and lack of pending criminal proceedings in the lookback period.
    • Payment of outstanding financial obligations (unless waived/reduced).
    • Demonstration of good moral character.
    • For deferred sentences, completion of deferral terms and restitution payments.
    • For multi-misdemeanor scenarios, a clean record in the lookback period.
    • A ban on expunging records for violent crimes.
  • If granted, the court will expunge all records and remove references; notices will be sent to relevant agencies.
  • Special provisions: bail money that is unclaimed at expungement may escheat to the state; for certain expungements related to decriminalized offenses, the court may order expungement at no cost if conditions are met.

Misdemeanor and Felony Expungement Benchmarks

  • Subsection (g) allows expungement for decriminalized offenses after completion of all sentence terms and payment of related costs, with potential demonstration that the offense qualifies as decriminalized.

Related DUI/License Provisions (13–27–2.1)

  • The DUI-related statute (31-27-2.1) is amended; the section provides enhanced details on implied consent, testing, penalties, notices, and administrative suspensions. The amendment clarifies testing options, hearing procedures, fines, and assessments tied to DUI offenses.

Traffic Offense Expungement (31-41.1-10)

  • Expungement for traffic offenses (except alcohol-related offenses) occurs automatically after 3 years following adjudication and after retention periods; alcohol-related offenses have a longer horizon (5–10 years, per § 31-27-2.1).

Who Is Affected

  • Individuals seeking expungement of criminal records, including first offenders and those with multiple misdemeanors (with limits).
  • People with deferred sentences or offenses later decriminalized.
  • Agencies holding records (Attorney General’s office, police departments, and the Division of Motor Vehicles) receiving expungement notices.
  • DUI violators and those subject to implied-consent testing provisions.

Procedural and Timeline Aspects

  • Effective date: upon passage.
  • Requires a formal motion in the court that handled the conviction, with a hearing and eligibility determinations based on statutory criteria.
  • Notice to law enforcement and the AG at least 10 days prior to hearing.
  • Expungement orders trigger removal of records and indexing references; agencies must comply per court order.
  • Financial obligations must be settled or waived under order to qualify.

Summary

HB 8082 updates Rhode Island’s expungement regime to reflect a 10-year lookback for DUI-related matters, expands eligibility for expungement in certain misdemeanor and felony contexts, imposes clear financial and moral character criteria, and streamlines procedures for notifying agencies and obtaining expungement orders. It also clarifies related driving-while-intoxicated (DUI) testing regulations and traffic-offense record retention timelines. The act takes effect on passage.

Compiled from official sources — confirm details with the bill’s official record.

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