R.I. EXPUNGEMENT LAWYER

The General Laws of the State of Rhode Island allow for the expungement of the criminal records of first offenders in certain cases and the destruction or sealing of criminal records of persons acquitted or otherwise exonerated.  Although often considered as being the same, the statutes dealing with the expungement of criminal records and the destruction or sealing of criminal records are distinct and have different requirements.  Both provide a clean criminal record, which is beneficial when applying for employment, college admissions, financial aid and the military.

Motions to seal are applicable in situations when a person was acquitted or exonerated of a crime.  Motions to expunge are applicable to persons who plead guilty to a crime, but have not reoffended.  Motions to expunge are time specific and if filed prematurely will be denied.  Motions to seal can be filed anytime after the case concludes.  

    Motions to Seal - Pursuant to R.I.G.L. 12-1-12.1 (Sealing Statute)

            (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissal or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case, provided, that no person who has been convicted of a felony shall have his or her court records sealed pursuant to this section.

            (d)  The clerk of the court shall, within forty-five (45) days of the order of the court granting the motion, place under seal the court records in the case in which the acquittal, dismissal, no true bill, no information or other exoneration has been entered.

            (e)  Notwithstanding any other provision of this section, in all cases involving a filing subsequent to a plea of not guilty, guilty or nolo contendere to a charge of a crime involving domestic violence, the court having jurisdiction over the case shall retain the records of the case for a period of three (3) years from the date of filing.  The records shall not be expunged, sealed, or otherwise destroyed for a period of three (3) years from the date of the filing.

    Motions to Expunge - Pursuant to R.I.G.L. 12-1.3-2 (Expungement Statute)

            (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.

            (b)  Subject to subsection (a) of this section, 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.

            (c)  Subject to subsection (a) of this section, 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.

A person is not eligible for an expungement, if he/she committed a crime of violence or committed multiple crimes.  R.I.G.L. 12-1.3-1 defines "crime of violence" and "first time offender" as follows:

            (1)  "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.

            (3)  "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 who there is no criminal proceeding pending in any court.

The information contained herein is for informational purposes only and anyone seeking to have their criminal records expunged or for the destruction of evidence of their arrest should contact an experienced Rhode Island Expungement Lawyer.  Robert H. Humphrey, Esq., and Kimberly A. Petta, Esq., of the Law Offices of Robert H. Humphrey handle Expungement of criminal records cases throughout the entire State of Rhode Island, including Providence County, Kent County, Newport County and Washington County.

Please contact Robert H. Humphrey, Esq. at the Law Offices of Robert H. Humphrey today for a free consultation to discuss your expungement matter.