In October of 2010, our Client was charged by the Tiverton Police Department with a domestic simple assault charge in violation of R.I.G.L. 11-5-3 /12-29-5. Domestic violence is defined as including, but is not limited to, any of the following offenses when committed by one family or household member against another: simple assault, felony assault, vandalism, disorderly conduct, trespass, kidnapping, child snatching, sexual assault, homicide, violation of a protective order or a no contact order, stalking, refusal to relinquish, damage or obstruction of a telephone. The definition of "family or household member" is broadly written to reflect the diverse nature of the modern American family and includes persons who are or have been in substantive dating or engagement relationships. An assault consists of a threat of physical violence. A battery occurs when actual physical violence or non-consensual touching occurs. Rhode Island takes a very strict stance on domestic assault and battery cases.
As a result of having the criminal domestic simple assault charge dismissed, in November of 2010, we were able to seal our client's criminal record, which is similar to an expungement, so that this unfortunate incident will not adversely affect our client in the future.
Pursuant to Rhode Island General Law 12-1-12,
Any fingerprint, photograph, physical measurements, or other record of identification, heretofore or hereafter taken by or under the direction of the attorney general, the superintendent of state police, the member or members of the police department of any city or town or any other officer authorized by this chapter to take them, of a person under arrest, prior to the final conviction of the person for the offense then charged, shall be destroyed by all offices or departments having the custody or possession within sixty (60) days after there has been an acquittal, dismissal, no true bill, no information, or the person has been otherwise exonerated from the offense with which he or she is charged, and the clerk of court where the exoneration has taken place shall, consistent with § 12-1-12.1, place under seal all records of the person in the case including all records of the division of criminal identification established by § 12-1-4; provided, that the person shall not have been previously convicted of any felony offense.
If you or a family member 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 rhh@rhumphreylaw.com.