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. 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 Lawyer David Ellison to determine if you may be eligible for expungement of your criminal record today at 401-230-5520.
Motion to Expunge a Single Misdemeanor Conviction Criteria:
- 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:
- 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:
- 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.
What is a "First Offender?"
"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)
What is a "Crime of Violence?"
"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)
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. Attorney David Ellison has helped clients expunge countless convictions throughout his career. Do not hesitate to contact Rhode Island Expungement Lawyer today to help determine if you are eligible to expunge your criminal record today at 401-230-5520.