 |
|
3/31/2026
|
Senate OKs Bissaillon bill to expand expungement
|
STATE HOUSE – The Senate today approved legislation to make the possibility of criminal record expungement more widely available to help address barriers that make it difficult for many rehabilitated Rhode Islanders to lead successful lives.
“A criminal record, even for relatively minor crimes, can be a life sentence of poverty, housing insecurity, unemployment and poor job prospects, and numerous other problems. Expungement is an important tool for enabling our justice system to be truly rehabilitative. Allowing a wider group of people to access it will restore pathways to better lives and stronger communities, enabling so many more people to meet their needs and those of their families,” said Senator Bissaillon (D-Dist. 1, Providence). “Expungement is more than a justice issue. It’s a housing issue, an economic development issue, a crime prevention issue and a community building issue.”
Currently, first-time offenders qualify to have a felony expunged 10 years after completing their sentence if it is the only criminal charge on their record. The bill (2026-S 3036A) enables people to qualify for expungement of up to four felonies, but only for nonviolent offenses and not until 15 years after they have completed their final sentence. There are numerous crimes that would not be eligible for expungement, such as child endangerment, elder abuse and driving under the influence.
Senator Bissaillon noted that it is common for individuals to wind up in cycles of criminal convictions while experiencing substance use, mental health struggles, abuse, unemployment or lack of housing. This bill balances that with the public interest and research on successful rehabilitation.
“As a society, we want formerly incarcerated people to rehabilitate and live productive lives. Passing this bill creates an opportunity for people to work their way out of vicious cycles and allows an individual to move beyond the shadow of their former self,” said Senator Bissaillon.
Expungement petitions are not automatically granted; it is up to a judge to determine whether the petitioner has successfully met the criteria and has fully rehabilitated, and whether it serves the public interest to grant the expungement. The bill maintains provisions ensuring that every case is reviewed individually with notice to and involvement of arresting agencies and the attorney general’s office; that the person seeking the expungement has demonstrated good character, has not been convicted of other misdemeanors or felonies in the last decade and has no pending criminal proceedings or unpaid fines or court fees; and that the court finds that the person has successfully rehabilitated.
“Expungement is a powerful tool that enhances opportunities for rehabilitation such as access to education, employment, and professional licensing and a successful re-entry into society long after an individual with a criminal record has paid their debt to that same society. Senator Bissaillon’s legislation accomplishes that while striking the correct balance with public safety concerns,” said Michael DiLauro, owner/manager of the Just Criminal Justice Group, who testified in support of the legislation.
The bill is also supported by the Public Defender’s Office and the Rhode Island Coalition Against Domestic Violence (RICADV), which testified that economic insecurity — whether their own or that of their abuser — puts survivors at higher risk of being abused again.
“Promoting survivor justice requires building systems that provide support and resources to communities impacted by incarceration,” said RICADV in testimony submitted in support of the bill. “Prolonged penalties for non-domestic violence related crimes do more to put our communities at risk of continued violence than to protect them.”
This is the second year the Senate has passed this legislation, although this year, with significant involvement from Senate Judiciary Chairman Matthew L. LaMountain (D-Dist. 31, Warwick, Cranston) it underwent revisions that ensure that domestic violence convictions do not qualify. The bill now goes to the House of Representatives, where Rep. Robert E. Craven Sr. is sponsoring companion legislation (2026-S 7079).
For more information, contact:
Meredyth R. Whitty, Publicist
State House Room 20
Providence, RI 02903
(401) 222-1923
|
|