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Expungement

Recent Posts in Expungement Category

  • 2017 DUI Practice Manual

    The 2017 DUI Practice Manual entitled “2017 DUI Laws & Hardship Licenses” is now available through the Rhode Island Bar Association. Attorney Robert H. Humphrey, the author of the 2017 DUI Practice Manual, presented a continuing legal education (CLE) on the topic of DUI cases on Tuesday, March 7, 2017, before a packed audience of Rhode Island criminal defense attorneys. The CLE focused on the ...
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  • Expungement Legislation Proposed

    As reported by Katherine Gregg in the January 19, 2016 edition of the Providence Journal, the General Assembly is taking steps to improve Rhode Island’s expungement laws for deferred sentences. Deferred sentences are five (5) years in length and are typically imposed in non-violent felony cases such as embezzlement, larceny and drug possession. After the sentence is complete, the person would be ...
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  • Rhode Island Background Checks at All-time High

    As reported by Mark Reynolds in the October 19, 2013 edition of the Providence Journal, more people are requesting criminal background checks in Rhode Island than ever before. Recent changes in the law have expanded the number of people who are required to have a background check, such a school volunteers. The Department of Attorney General, specifically the Bureau of Criminal Identification, is ...
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  • More Rhode Island Expungements

    As reported by Katherine Gregg in the March 4, 2013 edition of the Providence Journal, the number of expungements in Rhode Island has increased from 2011 to 2012. Approximately 4,000 cases were expunged in 2012 when compared to 3,000 cases in 2011. Current Rhode Island law allows for the expungement of criminal records for first time offenders. However, a new bill has been introduced at the Rhode ...
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  • Attorney General Proposes New Expungement Bill

    As reported by Katherine Gregg in the February 13, 2013 edition of the Providence Journal, Attorney General Peter Kilmartin has proposed a new expungement law which is before the General Assembly. The proposed bill would allow for the expungement of multiple misdemeanor charges, if the person has not reoffended in the past ten (10) years. The new proposed bill would not allow for the expungement ...
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  • Portsmouth DUI Charge Dismissed Prior to Trial

    In March of 2012, our Client was stopped by the Portsmouth Police Department and charged with drunk driving . He submitted to the chemical test at the station and had readings over twice the legal limit. Attorney Humphrey raised legal arguments in the case regarding unlawful stop and lack of jurisdiction. Under current Rhode Island law, local police officers are limited to the jurisdictional ...
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  • Proposed Changes to Expungement Law

    As reported by Randal Edgar in the March 23, 2012 edition of the Providence Journal, a bill has been proposed in the General Assembly regarding expungements . The bill would require all fines and fees to be paid to the court before a case can be expunged. The bill includes proposals to make expungements automatic in certain types of cases, such as underage alcohol offenses and to make expungements ...
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  • East Providence DUI Amended to Reckless Driving and Refusal Dismissed

    In January of 2012, our Client was charged by the East Providence Police Department with drunk driving , refusal to submit to a chemical test and leaving the scene of an accident. The arrest was part of a road rage incident. Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined as whoever drives or otherwise operates any vehicle in the state while under the influence of any ...
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  • DUI Charge Amended to Driving While Impaired & Expunged

    In July of 2011, our Client was arrested and charged by the police with drunk driving (DUI). Our Client was stopped by the police for traffic violations. During the course of the stop, police observed an open bottle of alcohol in the car. At the police station, our Client submitted to the chemical test and had readings almost three times the legal limit. Pursuant to Rhode Island General Laws, ...
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  • DUI Charge Amended to Reckless & NO LOSS OF LICENSE

    In August of 2011, our Client was arrested and charged by the Rhode Island State Police with drunk driving (DUI). At the police barracks, our Client submitted to the chemical test and had BAC readings over the legal limit. Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined as, whoever drives or otherwise operates any vehicle in the state while under the influence of any ...
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  • Rhode Island General Law 12-1.3-2

    Having a criminal record, either a misdemeanor or felony, can have devastating and long-term consequences. For young people, a criminal record can affect your ability to apply for financial aid, be accepted at the college of your choice and inhibit your ability to get a job. For adults, a criminal record can severely impact your employment and may prevent you from getting the job of your dreams. ...
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  • North Kingstown Larceny Under $500 Dismissed/Expunged

    In February of 2011, our Client was arrested by the North Kingstown Police Department and charged with larceny under $500.00. Pursuant to Rhode Island General Laws 11-41-1, larceny is defined as every person who shall steal any money, goods, or chattels, or any note of the general treasurer of this state for the payment of money, any bank bill, any certificate of any bank or of any public officer ...
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  • Middletown Disorderly Conduct Charge Dismissed & Expunged/Sealed

    In April of 2011, our Client was charged by the Middletown Police Department with a disorderly conduct charge in violation of R.I.G.L. 11-45-1. Rhode Island law broadly defines disorderly conduct to include the following: A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly: (1) Engages in fighting or threatening, or in violent or tumultuous behavior; (2) In a ...
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  • RI Expungement Lawyer

    As reported by John Hill in the March 9, 2011 edition of the Providence Journal, a new bill has been introduced to the Rhode Island General Assembly regarding job applications and criminal convictions. The proposed bill would prevent businesses from asking job applicants if they have a criminal conviction during the initial application process. Only once the business decides the person is ...
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  • Narragansett Disorderly Conduct Charge Expunged

    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 ...
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  • Tiverton Domestic Assault Charge Expunged/Sealed

    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, ...
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  • Rhode Island Deferred Sentences & Expungement

    A recent decision by Justice Rodgers of the Rhode Island Superior Court has altered the landscape for criminal defendants serving deferred sentences. Deferred sentences, like the name suggests, are a sentence, which is deferred and may never be imposed, if the defendant complies with specific terms. Deferred sentences are a common plea disposition in felony cases involving first time offenders. ...
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  • New Expungement Bill Approved

    As reported by Katherine Gregg in the June 3, 2010 Providence Journal, the Rhode Island House voted to approve the proposed expungement bill. Under current Rhode Island law, first time offenders are allowed to permanently seal their records after a certain period of time has passed, if they met certain statutory requirements. The new bill would affect people who are given deferred sentences. A ...
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