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SB 2964

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

2026 Regular Session Introduced by Jake Bissaillon and 6 co-sponsors

The bill expands expungement eligibility (including petty misdemeanors and simple drug possession) with shorter waiting periods and requires payment of court fees unless waived.

05/29/2026 Referred to House Judiciary
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WeVote Research Nonpartisan
Bill Summary · SB 2964

Summary of Bill: SB 2964 (Rhode Island, 2026)

Purpose and intent

  • The bill amends Rhode Island’s expungement framework to expand eligibility for expungement and streamline certain procedures.
  • It aims to allow more individuals to have prior criminal records sealed, including small-scale offenses such as petty misdemeanors and simple possession of controlled substances, after a waiting period post-sentence completion.
  • The act takes effect upon passage.

Key provisions and changes

  • Expungement eligibility for first-offenders

    • A person who is a “first offender” may file for expungement of all records and conviction records for felony or misdemeanor offenses.
    • Excludes persons convicted of a crime of violence from expungement.
    • All outstanding court-imposed fees, fines, costs, assessments, and similar monetary obligations must be paid unless reduced or waived by the court.

  • Expanded eligibility for multiple misdemeanor offenders

    • A person convicted of more than one misdemeanor, but fewer than six, and not convicted of a felony, may file for expungement of any or all those misdemeanors.
    • Excludes certain offenses (offenses under chapter 29 of title 12, § 31-27-2, or § 31-27-2.1) from expungement under this subsection.

  • Timing for expungement requests

    • Misdemeanor expungement: eligible after five (5) years from completion of sentence.
    • Felony expungement: eligible after ten (10) years from completion of sentence.
    • Deferred sentences: eligible for expungement after completion of the deferred sentence.
    • Multiple misdemeanors with no felony/arrest in the preceding ten years: expanded consideration under the same 10-year window, with the same exclusions as above.
    • Offenses that have been decriminalized since conviction: eligible for expungement after completion of sentence, to be heard in the original court.
    • Petty misdemeanors (as defined by law) eligible for expungement after three (3) years from sentence completion.
    • Simple possession of a controlled substance: eligible for expungement after three (3) years from sentence completion, regardless of other convictions.

  • Special note on decriminalized offenses and petty misdemeanors

    • The bill provides a pathway to expungement for offenses that have since been decriminalized, and for petty misdemeanors and simple possession cases within shorter timeframes.

  • Petition mechanics and hearing process (pertaining to 12-1.3-3)

    • Petitioners must notify the Department of the Attorney General and the relevant police department at least 10 days before the hearing date.
    • The court may grant expungement after a hearing if it finds:
    • For misdemeanors (5-year look-back) or felonies (10-year look-back): no recent convictions/arrests, no outstanding fees (unless waived), and demonstrated good moral character.
    • For deferred sentences: completion of all term conditions, no pending criminal proceedings, and compliance with all terms (including restitution and fines).
    • For other specified scenarios (e.g., multiple misdemeanors with no recent offenses): similar criteria and public-interest considerations.
    • A determination of eligibility may rely on rehabilitation, lack of ongoing criminal activity, and public interest.
    • If granted, the court shall expunge all records and references, and issue orders to relevant agencies to remove records. Fees and costs related to the case may be handled per court order.
    • Bail money that remains deposited and unclaimed may escheat to the state general treasury.

  • Costs

    • In cases under the decriminalized-offense provision, expungement may be ordered without cost to the petitioner, provided certain conditions are met.

Who would be affected

  • Individuals with prior criminal records, particularly:
    • First-offenders seeking expungement of all records.
    • Individuals with multiple simple misdemeanors (but not felonies) seeking expungement.
    • Those with petty misdemeanors, simple drug possession (small-scale, possession of controlled substances), and certain decriminalized offenses.
  • Law enforcement agencies and the Attorney General’s office (notified hearings and record-keeping requirements).
  • Courts, which would conduct expungement hearings and issue expungement orders.
  • Persons with outstanding fees or fines, who may be affected by potential waivers or conditions tied to expungement.

Procedural and timeline considerations

  • Effective date: The act takes effect upon passage.
  • Waiting periods for expungement: 3 years (petty misdemeanors and simple drug possession), 5 years (misdemeanors), 10 years (felonies), post-completion of sentence for deferred sentences.
  • Required notices: Petitioners must notify key agencies 10 days before hearings.
  • Hearing-based process: Expungement is discretionary, based on factors including rehabilitation, lack of ongoing offenses, and public interest.
  • Public records removal: If granted, all records and references are expunged and removed from public inspection; agencies must comply with the court order.

Potential impact and considerations

  • Broader expungement access may improve employment, housing, and reentry prospects for individuals with minor or non-violent offenses.
  • Retains protection for violent offenses and certain high-risk categories.
  • Introduces shorter look-back windows for some offenses (e.g., simple possession and petty misdemeanors) relative to traditional standards, potentially accelerating relief for some individuals.
  • Requires timely payment of court-imposed financial obligations or court-approved waivers as a condition for expungement.

This summary outlines the bill’s main shifts toward expanding expungement eligibility while preserving protections for violent offenses and emphasizing rehabilitation and public interest.

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

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