top of page

Rhode Island Criminal Law Resources for Expungement:

Expungement

Definitions:

"§ 12-1.3-1  Definitions. – For purposes of this chapter only, the following definitions apply:

   (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.

   (2) "Expungement of records and records of conviction" means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation.

   (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 whom there is no criminal proceeding pending in any court.

   (4) "Law enforcement agency" means a state police organization of this or any other state, the enforcement division of the department of environmental management, the office of the state fire marshal, the capitol police, a law enforcement agency of the federal government, and any agency, department, or bureau of the United States government which has as one of its functions the gathering of intelligence data.

   (5) "Records" and "records of conviction and/or probation" include all court records, all records in the possession of any state or local police department, the bureau of criminal identification and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. The terms "records" and "records of conviction, and/or probation" do not include the records and files of the department of attorney general which are not kept by the bureau of criminal identification in the ordinary course of the bureau's business."

http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-1.3/12-1.3-1.HTM

"12-1.3-2  Motion for expungement. – (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."

http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-1.3/12-1.3-2.HTM

 

 

 

 

© 2024 by the Law Office of Richard E. Kühn, III

The information contained on this website is not legal advice, but rather general information. Legal advice should only be relied on when given in the course of an attorney-client relationship, after your attorney has all of the facts of your case.

*Please note that the Rhode Island Supreme Court and the Massachusetts Supreme Judicial Court license all lawyers in the general practice of law. No lawyer is certified as a specialist in any particular field of practice.

FOLLOW US:

  • w-facebook
  • w-twitter
bottom of page