Rhode Island Expungement Lawyer

Rhode Island Expungement Attorney

Expungement is the legal process where a conviction may be erased from a person’s criminal record. This is important for people who may have a hard time finding employment. If you have a conviction on your record, it becomes public record and the public can see it. This leads to unfair treatment for many people who have a criminal conviction on their record.

Fortunately, there is a process in Rhode Island to expunge convictions from your criminal record. However, there is a certain criteria that must be met to file a Motion to Expunge in Rhode Island.

Many times a criminal charge can feel like a lifetime of punishment due to the effects of having a criminal record. The charge and the disposition of the case can become a matter of public record. Jobs may ask for a background check before hiring, which can make it difficult to earn a living. Even if you were not convicted of a crime, the details of the crime can be made available to the public.

An expungement or a sealing can help to change that. You may be eligible to clean up your record and remove things from your record by having your case expunged or sealed. Don’t let a mistake lead to a lifetime of discrimination.

If you feel you may be eligible for expungement, you may need the assistance of an experienced Rhode Island criminal defense lawyer to help you along the way. Do not hesitate to contact Rhode Island Expungement Lawyers at Ellison Law LLC to determine if you may be eligible for expungement of your criminal record today at 401-230-5520.

What is an expungement in Rhode Island?

In Rhode Island, an expungement is a legal process that allows you to have a particular criminal record removed from public view that are maintained by certain government entities, such as, the court, police and your BCI. This process effectively removes your charges or convictions through the form of a court order. Once the order is granted by a judge, all the records, relevant to the charges or convictions, are expunged by the court, police department and by the Department of Attorney General.

It is important to do an expungement because criminal background checks are required for many aspects in your life, including job applications, housing opportunities and maintaining a professional license. A criminal history can create significant barriers to these opportunities.

What is the process of an expungement in Rhode Island?

The process of an expungement in Rhode Island begins with a Motion to Expunge that must be filed with the court. Being eligible for an expungement will be determined by different factors such as the type of the offense, the elapsed time that has happened since the completion of the sentence and whether you have remained free of any other charges or convictions. The usual waiting time for one misdemeanor is 5 years while a single felony requires a 10 year-long waiting period. It becomes more complicated if you have multiple convictions, and depending on the charges, you might not be eligible.

The court will then have a hearing to review this Motion to Expunge. During this hearing, you will have to demonstrate that you meet the criteria for eligibility and you have exhibited good moral character. The prosecution is allowed to object to your Motion to Expunge and the judge will weigh all factors before making any decision. If the judge grants the expungement, then the law enforcement agencies and the Attorney’s General Office will need to comply with the Order of expungement.

You don’t have to try to do this alone, you can hire an experienced expungement attorney, like the attorneys at Ellison Law LLC,  who have represented many people on expungements in their careers.

What’s the Difference between an Expungement and Sealing in Rhode Island?

In essence, an expungement and sealing are trying to do the same thing because they have the end goal of trying to get something off of your criminal record but they differ in scope and effect. An expungement is the process used when somebody has been convicted of something. A sealing applies to other scenarios, like when the case was dismissed against you, and you were not convicted.

Motion to Expunge a Single Misdemeanor Conviction Criteria in Rhode Island:

• you have not been convicted of more than one (1) misdemeanor
• you have not been convicted of a felony
• it has been more than five (5) years from the date of the completion of your last sentence
• In the past five (5) years, you have not been convicted of nor arrested for any felony or misdemeanor
• there are no criminal proceedings pending against you
• you have exhibited good moral character
• You have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges

Motion to Expunge Multiple Misdemeanor Convictions Criteria in Rhode Island:

• none of the dispositions are convictions under chapter 29 of title 12 (Domestic Violence Prevention Act), G.L. 1956 § 31-27-2 (Driving Under the Influence of Liquor or Drugs), or G.L. 1956 § 31-27-2.1 (Refusal to Submit to Chemical Test)
• you have not been convicted of more than five (5) misdemeanors
• you have not been convicted of a felony
• it has been more than ten (10) years from the date of the completion of your last sentence
• in the last ten (10) years preceding you have not been convicted of nor arrested for any felony or misdemeanor
• there are no criminal proceedings pending against you
• you have exhibited good moral character
• you have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges

Motion to Expunge a Single Felony Conviction Criteria in Rhode Island:

• you have not been convicted of more than one (1) felony
• it has been more than ten (10) years from the date of the completion of your last sentence
• in the last ten (10) years, you have not been convicted of nor arrested for any felony or misdemeanor
• there are no criminal proceedings pending against you
• you have exhibited good moral character
• you have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges

What is the Law for a Motion to Expunge in Rhode Island?

A Motion to Expunge comes from Rhode Island General Laws § 12-1.3-2, which states the following:

(a) Any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place; provided, that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged; and provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.

(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a motion in the court in which the convictions took place; provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged under this subsection.

(c) Subject to subsection (a), a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence.

(d) Subject to subsection (a), a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence.

(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this section, a person may file a motion for the expungement of records relating to a deferred sentence upon its completion, after which the court will hold a hearing on the motion.

(f) Subject to subsection (b) of this section, a person may file a motion for the expungement of records relating to misdemeanor convictions after ten (10) years from the date of the completion of their last sentence.

(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person may file a motion for the expungement of records related to an offense that has been decriminalized subsequent to the date of their conviction, after which the court will hold a hearing on the motion in the court in which the original conviction took place.

How long does an expungement process take in Rhode Island?

The expungement process will vary case by case, but generally speaking, it could take a few months from the start until completion. During this timeframe it’s necessary to prepare all the paperwork, file the motion and attend the court hearings. Both the complexity of the case and the schedule of the court may impact the duration. Once the expungement is approved and ordered by a judge, it may take some time for the law enforcement agencies, Attorney General’s Office and courts to not only receive the Order and also update their records.

Are expungements limited to First Offenders in Rhode Island?

“First offender” means a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court. Rhode Island General Laws § 12-1.3-1(3)

In Rhode Island, expungements are generally more accessible to first offenders but they’re not exclusively limited to them. While there are guidelines for people that want to expunge their first offense, certain circumstances may allow someone with multiple convictions to pursue an expungement as well.

Each case is unique and the eligibility requirements will depend on different factors such as the nature of the offense, how much time has passed since the conviction, and the good moral character exhibited by the individual. It is important that you consult with an expungement attorney so they can guide you through the process.

Who is eligible for an expungement in Rhode Island?

The eligibility requirements for an expungement in Rhode Island depend on several factors and it’s handled case by case. Generally speaking, the court will take into consideration the nature of your offense and conviction, your criminal record, whether you were convicted of a misdemeanor or a felony, whether you’re a first time offender, and how long it has been since your sentence was completed. There are different eligibility requirements for a single misdemeanor conviction, a single felony conviction and multiple misdemeanor convictions.

Additionally, you must demonstrate good moral character during the waiting period and provide evidence that your expungement will serve the interests of justice. Having said this, it’s important that you’re aware that some offenses are not eligible for an expungement due to the nature of the offense, like a crime of violence.

What is a “Crime of Violence in Rhode Island?”

“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. Rhode Island General Laws § 12-1.3-1(1)

What are some of the most common misconceptions about an expungement in Rhode Island?

A criminal conviction can linger on your criminal record causing unintended long-term consequences. An expungement is a powerful tool in the legal process that can offer you a second chance at having a clean criminal record. However, there are several misconceptions about an expungement that may lead you to confusion or misinformation:

• You can’t expunge all criminal charges
  There’s a misunderstanding that you can expunge any criminal record but, in Rhode Island, not all offenses qualify for one. For example, “crimes of violence” cannot be expunged. Misdemeanors or felonies that are not in this category might be eligible to be expunged if certain conditions are met.
• It takes time to apply for an expungement
  In order to apply for an expungement, you not only need to meet the criteria for an eligible expungement, including the completion of your sentence and probation but you also need to meet the time standard for waiting for eligibility.
• An expungement takes time
  You may believe that an expungement will be a fast and straightforward process but, in reality, it requires filling a Motion to Expunge with the court, notify the appropriate agencies and demonstrate to the court and judge that you kept a good moral character. This process takes a lot of time and preparation.

Do I need an Attorney to Apply for an Expungement?

You’re allowed to file a Motion for an Expungement without an attorney. You have the absolute right to represent yourself in any criminal case. However, you also have a constitutional right to have an attorney represent you on criminal cases, including criminal expungements. The expungement process involves navigating legal procedures, filing accurate paperwork and knowing how to effectively present your case in front of a court.

Why should I hire an expungement lawyer in Rhode Island?

Clearing your record is a critical step towards a fresh start. Navigating the expungement process in Rhode Island can be complex. You can hire an experienced expungement attorney, like the attorneys at Ellison Law LLC, who have helped many of their clients expunge countless convictions. Our attorneys know the laws, understand the procedures and are committed to presenting your case effectively. Don’t leave your future to chance and contact us today at 401-230-5520.

This page should is not intended to substitute the advice of a lawyer. It is important to reach out to a lawyer to see if you may be eligible for expungement.