How Do You Expunge a DUI in Rhode Island?

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If you are looking to expunge a DUI in Rhode Island, it can be a complicated process. However, in certain circumstances, it is possible to have your record expunged and cleared if you meet certain criteria and follow the proper procedures.

The first step in expunging a DUI in Rhode Island is to determine whether or not you are eligible. If you are not sure whether you are eligible or need help expunging a DUI, you do not have to handle the process alone. You can hire an experienced Rhode Island DUI expungement lawyer, who can represent you in the process. Contact Ellison Law LLC today to talk to an experienced Rhode Island expungement lawyer.

What is the Difference Between a Motion to Expunge a DUI and a Motion to Seal a DUI?

In order to understand your eligibility, you will need to figure out whether you should be filing a Motion to Seal or a Motion to Expunge.

If the charge of DUI against you was dismissed, you were acquitted, or you were found not guilty of the DUI charge, you likely will need to file a Motion to Seal.

If you were convicted of the DUI charge by way of a plea or by a conviction after trial, then you will likely need to file a Motion to Expunge.

Can I Get My DUI Expunged in Rhode Island?

You may be able to get your DUI expunged if you meet the following criteria for a misdemeanor DUI:

  • You are a first-time offender meaning that you have not been convicted of more than one (1) misdemeanor preceding the filing of the Motion to Expunge and 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 five (5) years preceding the filing of this motion, you have not been convicted
  • of nor arrested for any felony or misdemeanor.
  • You do not have any 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.

In addition, if you are charged with a felony DUI, to get your felony DUI expunged, you will have to wait at least 10 years from the completion of your last sentence.

Can I Get My DUI Sealed in Rhode Island?

You may be be able to get your DUI sealed if you meet the following criteria:

  • You were charged with a DUI
  • You were acquitted of the DUI or otherwise exonerated of the DUI
  • The DUI was dismissed against you
  • You have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges.

How Long Does a DUI Stay on My Record in Rhode Island?

A first offense DUI charge that resulted in a conviction will remain on your record for at least five years. In order to have the DUI conviction removed from your criminal record, you will need to file a Motion to Expunge with the Court where your case was heard. You will likely have to appear before a judge on the Motion to Expunge. If you were convicted of a felony DUI, the DUI will likely stay on your record for at least ten years from the completion of you’re sentence. If you do not meet the other expungement eligibility requirements, there is a possibility that the DUI charge may remain on your criminal record for the rest of your life unless the law were to change.

If you aren’t sure whether you are eligible to expunge or seal a DUI charge, you can contact Ellison Law LLC to speak with a Rhode Island DUI expungement lawyer today.

Contact DUI Expungement Lawyer Today

If you’re considering expunging your DUI conviction, it’s important to consult with an experienced criminal defense attorney who can help you navigate the process, help determine your eligibility, and represent you on the Motion to Expunge. You can take the first step forward to moving forward with your life by contacting Rhode Island DUI expungement lawyers at Ellison Law LLC at 401-230-5520.

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