In November of 2009, our Client was charged by the Narragansett Police Department with a disorderly conduct/indecent exposure charge. Under Rhode Island General Law 11-45-2, indecent exposure is defined as:
A person commits indecent exposure/disorderly conduct when for the purpose of sexual arousal, gratification or stimulation, such person intentionally, knowingly, or recklessly exposes his or her genitals to the view of another under circumstances in which his or her conduct is likely to cause affront, distress, or alarm to that person.
Utilizing his experience as both a Town Prosecutor for Little Compton and Portsmouth and a criminal defense lawyer, Attorney Humphrey was able to have the charge filed for one (1) year. Under Rhode Island General Law 12-10-12:
It shall be an express condition of any filing in accordance with this section that the defendant shall at all times during the one year keep the peace and be of good behavior. A violation of that express condition or any other condition set by the court shall be deemed a violation of the filing and the matter which was filed may be resurrected by the court. A determination of whether a violation has occurred shall be made by the court in accordance with the procedures relating to a violation of probation.
If the defendant successfully completes the one (1) year period without reoffending, no action is taken on the complaint for a period of one year following the filing, the complaint shall be automatically quashed and destroyed. All records relating to the complaint shall be expunged pursuant to the provisions of chapter 1.3 of this title.
The expungement statute, 12-1.3-2, allows for:
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.If you or a family member has been charged with disorderly conduct or would like to have your criminal record expunged or sealed, please contact the Law Offices of Robert H. Humphrey for a free case evaluation. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.