Expungement in RI
Rhode Island has some of the most liberal expungement laws in the United States. Nonetheless, RI expungement laws are not liberal enough for some people with multiple felony convictions. If you qualify to get your records sealed, erased or destroyed, it is time to get those deleterious and insidious RI criminal records erased, sealed and destroyed! If a criminal record is sealed, destroyed or expunged, you may, in some circumstances, not inform third parties of such record. Under RI law, 5 criminal misdemeanor convictions may be eligible for expungement if certain requirements are met. Also any offense that has been decriminalized in Rhode Island, such as many marihuana offenses, may be expunged.
What offenses have been decriminalized in Rhode Island and can now be expunged?
- 1st and 2nd offense driving on a suspended license
- Marijuana possession of small amounts
This criminal law article by a RI criminal lawyer constitutes a comprehensive explanation of expungement law in Rhode Island as of December 2020. This area of law is often changing and in a state of flux. The legislators in Rhode Island often attempt to make expungement policy more liberal. Pursuant to RI law, there cannot be an expungement without a motion and a hearing on the merits. A person seeking to expunge a conviction, a filing or a dismissal should get in touch with a top RI criminal defense Attorney.
Dismissed and Not Guilty Finding records
Dismissed criminal charges can nearly always be expunged. These dismissed criminal records should be expunged in RI. Despite a dismissal by the Court, there will still be a record on the Rhode Island criminal computer records and on the Bureau of Criminal Identification (BCI) report unless the matter is expunged. This record will indicate that a person was in fact arrested and charged with a criminal offense. The public can even view these records as public records. The public tend to assume that if a person was charged with a criminal offense that they must have done something wrong. People may assume that there was some sort of technicality. Even a dismissed criminal record could cause a person to lose an employment opportunity.
Crimes that have been decriminalized in Rhode Island can be expunged
Rhode Island has decriminalized first and second offense driving on a suspended license. This means that these charges can be expunged. Rhode Island has decriminalized many marijuana possession offenses. This means that certain marijuana possession offenses can be expunged.
Is there any circumstances when dismissed charges that cannot be expunged?
If a related charge cannot be expunged then the dismissed charge cannot be expunged. This usually pertains to charges that relate out of the same incident and are charged together. For example, a criminal defendant was charged with three offenses related to the same incident and 2 were dismissed but the third there was a sentence of probation. The criminal defendant would be required to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. This because under Rhode island criminal law a person may not seal or expunge portions of a file! I suspect that the main reason for this statutory scheme is because it would be logistically impossible to expunge a charge when there are other charges in a related incident that are not eligible to sealed.
For example, Paul was pinched by the local police with domestic disorderly, domestic simple assault and failure to relinquish a telephone (domestic) charges arising out of a domestic dispute with his girlfriend. Paul agreed to a plea on the domestic disorderly conduct charges. The domestic simple assault and refusal to relinquish telephone charges were dismissed under rule 48A. Paul would not be able to expunge the simple assault and phone interference charge until the disorderly conduct charge was eligible to be expunged.
Expungement of not guilty findings
Not guilty findings after a trial on the merits by a Justice or a jury can usually be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged. Pursuant to Rhode Island Law, Dismissals, No information, Not Guilty can be expunged unless there has been a felony conviction. (this is a felony conviction in the strict sense of the word such as a felony with suspended sentence, fine, incarceration or jail time)
Deferred sentences
Deferred sentences in RI can now be expunged after the end of the deferred sentence.
Drug Court
Expungement of one year filings in Rhode Island and Providence Plantations
A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year. If a criminal accused is not violated during the one year filing period, then a filing can be expunged even if there are other offenses before or after the filing. Expungement of a filing in Rhode Island is not automatic. A motion must be filed. If the filing is for a domestic offense then it cannot be expunged until three years. Unlimited numbers of one year filings can be expunged if other requirements are satisfied.
Expungement of Felony convictions, suspended sentences, jail sentences or probation
A felony with the following sentences: probation, suspended sentence or jail can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any FELONY conviction, suspended sentence, fine or probation expunged if you have another conviction, suspended sentence, fine or probation on your record. A misdemeanor or felony conviction is any sentence with a fine, deferred sentence, suspended sentence or period of incarceration. Even though probation may not constitute convictions under Rhode Island law for some purposes it is treated the same way as convictions for expungement purposes.
Expunge a deferred sentence
There is no waiting period to get a deferred sentence expunged. Immediately at the end of a deferred sentence, a person is eligible to file a motion to expunge.
In order to be eligible to expunge a deferred sentence at the end of the sentence a person must meet the following requirements:
- The defendant has paid all court costs, fines and restitution ordered by the Court.
- The defendant must have no pending criminal charges.
- “Effective in 2016, expungement may be sought immediately upon completion of deferred sentencing under R.I. Gen. Laws §§ 12-19-19(c); 12-1.3-2(d) (enacted by HB-7025, (2016), subsequently renumbered as (e)). Expungement is discretionary and may be granted only if “the court finds that the person has complied with all of the terms and conditions of the deferral agreement including, but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and restitution to victims of crimes; there are no criminal proceedings pending against the person; and he or she has established good moral character.” § 12-1.3-3(b)(ii). Specified serious violent offenses are ineligible. Id.; § 12-1.3-1. This expungement authority applies to all deferred sentencing agreements, whether completed before or after the enactment of the 2016 law. HB-7025, § 3 (2016).” CCRE
One misdemeanor conviction can be expunged 5 years after end of sentence if requirements are met
One misdemeanor convictions can be expunged five years after the completion of the sentence or probationary period so long as the person does not have another conviction. This specifically includes domestic violence offenses and dui offenses.
5 misdemeanor convictions can be expunged 10 years after the misdemeanor sentence is completed but the following offenses or situations are not included in this law:
- Domestic violence offenses
- DUI offenses
- people with a prior felony conviction
How does expungement Criminal laws in RI deal with Crimes of Violence:
Certain crimes of violence in Rhode Island and Providence Plantations may never be expunged and R.I.G.L § 12-1.3-1. states:-“Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
Noticeable absent from the definition of crimes of violence is “assault.” It could be argued by a top Rhode island criminal defense attorney that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.
Certain prostitution crimes can be expunged at the completion of the sentence
“An individual convicted of prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may apply by motion to the court having jurisdiction over the offense to vacate the conviction and seal or expunge the record of conviction. The court may grant the motion after a hearing and upon a finding that the individual’s participation in the offense was a direct result of being a victim.” § 11-67.1-17. Motion to vacate and expunge conviction.
Below you will find RI expungement law articles concerning expungement and sealing criminal records authored by a RI expungement lawyer. This information is provided by a Rhode Island criminal defense attorney. Please read these RI law articles carefully.
Expungement and Sealing Records in RI
These articles were authored by David Slepkow. David is a partner at Slepkow Slepkow & Associates Inc. which was established in 1932. David was voted a best 3 lawyer in Rhode island in 2018.
Expungement of Dismissed Criminal misdemeanor and felony Records In Rhode Island and Providence Plantations
All criminal dismissals and not guilty findings in Rhode Island should be expunged using a RI expungement attorney. A Providence expungement lawyer will expunge your felony and Misdemeanor dismissals and not guilty verdicts in Rhode Island. All misdemeanor and felony records are malicious, negative and harmful records! The expungement process in Providence Superior or District court is the process that allows certain eligible records to be either sealed or expunged.
Erase or seal Convictions, Suspended Sentences, Fines, jail Sentences, Probation, One year filings and Deferred sentences
Rhode Island and Providence Plantations has some of the most liberal expungement laws in The United States. If you are eligible for an expungement in RI, why not get those harmful and prejudicial records erased and expunge them. This legal article by Rhode Island criminal lawyer explains what convictions, nolo contendere, guilty findings, one year filings, suspended sentences, probation are eligible to be expunged.
Criminal Misdemeanor Prosecutions in Rhode Island from A-Z
This criminal law article by a East Providence criminal defense lawyer explains the entire criminal misdemeanor process from arrest and bail to a full trial on the merits. This legal article addresses probation violations, plea bargains, suspended sentences, sentencing, bail, filings, convictions, deferred sentences and more. This is a very in depth and informative legal article that will be very helpful to a person accused of a criminal misdemeanor in RI.
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.