§ 12-1.3-5. Expungement of marijuana records.
(a) Any person with a prior civil violation, misdemeanor or felony conviction for possession
only of a marijuana offense that has been decriminalized subsequent to the date of
conviction shall be entitled to have the civil violation or criminal conviction automatically
expunged, notwithstanding the provisions of chapter 1.3 of title 12. For purposes of this section, "conviction� means, in addition to judgments of conviction
entered by a court subsequent to a finding of guilty, or plea of guilty, those instances
where the defendant has entered a plea of nolo contendere and has received a jail
sentence or a suspended jail sentence, or those instances wherein the defendant has
entered into a deferred sentence agreement with the Rhode Island attorney general
and the period of deferment has not been completed.
(b) Records shall be expunged pursuant to procedures and a timeline to be determined by
the chief justice; provided however, that all eligible records shall be expunged before
July 1, 2024.
(c) The chief justice may provide for an expedited procedure for expungement of a prior
misdemeanor or felony conviction for possession only of a marijuana offense that has
been decriminalized subsequent to the date of conviction. Any such expedited procedure
shall require a written request by the person requesting expungement, and any expedited
expungement shall be granted in accordance with a timeline to be determined by the
chief justice.
(d) If the amount of marijuana is not stated in the record of conviction or any related
record, report or document, then the court shall presume the amount to have been two
ounces (2 oz.) or less.
(e) Any person who has been incarcerated for misdemeanor or felony possession of marijuana
shall have all court costs waived with respect to expungement of his or her criminal
record under this section.
(f) If the court determines a record is to be expunged in accordance with the provisions
of this section, it shall order all records and records of conviction or civil adjudication
relating to the conviction or civil adjudication expunged and all index and other
references to it removed from public inspection. Within a reasonable time, the court
shall send a copy of the order to the department of the attorney general, the police
department that originally brought the charge against the person, and any other agency
known by the petitioner to have possession of the records of conviction or adjudication.
(g) Eligible expungement of convictions and civil adjudications pursuant to this section
shall be granted notwithstanding the existence of:
(1) Prior arrests, convictions, or civil adjudications including convictions for crimes
of violence as defined by § 12-1.3-1;
(2) Pending criminal proceedings; and
(3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges.
Any outstanding fees, fines, costs, assessments or charges related to the eligible
conviction or civil adjudication shall be waived.
(h) Nothing in this section shall be construed to restrict or modify a person's right
to have their records expunged, except as otherwise may be provided in this chapter,
or diminish or abrogate any rights or remedies otherwise available to the individual.
(i) The existence of convictions in other counts within the same case that are not eligible
for expungement pursuant to this section or other applicable laws shall not prevent
any conviction otherwise eligible for expungement under this section from being expunged
pursuant to this section. In such circumstances, the court shall make clear in its
order what counts are expunged and what counts are not expunged and/or remain convictions.
In such circumstances, notwithstanding subsection (e) of this section, any expungement
pursuant to this subsection shall not affect the records related to any count or conviction
in the same case that are not eligible for expungement.
(j) Nothing in this section shall be construed to require the court or any other private
or public agency to reimburse any petitioner for fines, fees, and costs previously
incurred, paid or collected in association with the eligible conviction or civil adjudication.
(k) Any conviction or civil adjudication ordered expunged pursuant to this section shall
not be considered as a prior conviction or civil adjudication when determining the
sentence to be imposed for any subsequent crime or civil violation.
(l) In any application for employment, license, or other civil right or privilege, or
any appearance as a witness, a person whose conviction of a crime or civil adjudication
has been expunged pursuant to this chapter may state that he or she has never been
convicted of the crime or found to be a civil violator; provided, that, if the person
is an applicant for a law enforcement agency position, for admission to the bar of
any court, an applicant for a teaching certificate, under chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an early childhood education facility pursuant to
chapter 48.1 of title 16, the person shall disclose the fact of a conviction or civil adjudication.
(m) Whenever the records of any conviction or civil adjudication of an individual have
been expunged under the provisions of this section, any custodian of the records of
conviction or civil adjudication relating to that crime or violation shall not disclose
the existence of the records upon inquiry from any source, unless the inquiry is that
of the individual whose record was expunged, that of a bar admission, character and
fitness, or disciplinary committee, board, or agency, or court which is considering
a bar admission, character and fitness, or disciplinary matter, or that of the commissioner
of elementary and secondary education, or that of any law enforcement agency when
the nature and character of the offense in which an individual is to be charged would
be affected by virtue of the person having been previously convicted or adjudicated
of the same offense. The custodian of any records which have been expunged pursuant
to the provisions of this section shall only release or allow access to those records
for the purposes specified in this subsection or by order of a court.
(n) The judiciary and its employees and agents are immune from any civil liability for
any act of commission or omission, taken in good faith, arising out of and in the
course of participation in, or assistance with the expungement procedures set forth
in this section. This immunity shall be in addition to and not in limitation of any
other immunity provided by law.