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Rhode Island House of Representatives Passes Kilmartin Legislation Allowing for Expansion of Expungement of Misdemeanors

Attorney General Peter F. Kilmartin applauded the Rhode Island House of Representatives for its unanimous vote on legislation filed at his request that allows for individuals to expunge up to five misdemeanors from their criminal records.

The legislation (H5205) allows those persons with up to five misdemeanor convictions to file a motion for the expungement of all records and records of convictions, provided that no person who has been convicted of any felony shall have his or her records of conviction expunged. Such motion may be sought only after 10 years from the date of the completion of his or her last sentence.

The legislation excludes certain misdemeanor offenses including convictions for driving under the influence or drugs, refusal to submit to a chemical test, and domestic violence.

"I commend the House of Representatives for passing this sensible and compassionate legislation. It provides those individuals with youthful indiscretions or those who may have hit a rough patch in life the opportunity to turn their life around without the stigma of having a criminal record, and will afford them more opportunities for housing and employment," said Attorney General Peter F. Kilmartin.

The legislation enjoys the support of the Public Defender and the Coalition for the Homeless supported the legislation. The companion senate legislation is S0246.

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