Understanding Expungement in Rhode Island
Expungement in Rhode Island means sealing your criminal record from public view, making it generally inaccessible to employers, landlords, and the public during background checks. Once expunged, you can legally answer "no" when asked if you've been convicted of a crime, with few exceptions like applications for law enforcement positions or firearms permits.
Rhode Island's expungement laws have expanded significantly in recent years. The state differentiates between expungement of arrests that didn't lead to conviction and expungement of actual convictions. Each category has different eligibility requirements and waiting periods. The process requires filing paperwork with the Rhode Island Superior Court and potentially attending a hearing.
Eligibility Requirements
For cases that resulted in dismissal, not guilty verdicts, or no prosecution, you may petition for expungement immediately after the case closes. These include arrests where charges were dropped or cases resolved through programs like adult drug court.
For misdemeanor convictions, you must wait five years from the completion of your sentence, including probation and parole. Only specific misdemeanors qualify, and you cannot have been convicted of any other crimes during the waiting period.
Felony convictions have a ten-year waiting period from sentence completion. However, certain serious offenses are not eligible for expungement under Rhode Island law, including murder, sexual assault, child molestation, robbery, and most violent crimes. First-time drug possession convictions may qualify after three years under special provisions.
Multiple convictions can complicate eligibility. Generally, you can expunge up to two misdemeanor convictions or one felony conviction in your lifetime. Domestic violence convictions have additional restrictions and often require proof of rehabilitation.
The Filing Process
To begin expungement, obtain a certified copy of your criminal record from the Rhode Island Bureau of Criminal Identification (BCI) at 311 Danielson Pike in North Scituate. The cost is $15 for a certified record check. This helps you identify exactly which offenses appear on your record.
Partner — LegalZoom
Form an LLC, incorporate, or get legal documents — fast and affordable.
Next, file a Petition for Expungement with the Superior Court in the county where your case was heard. Providence County cases are filed at the Garrahy Judicial Complex at 1 Dorrance Plaza in Providence. Kent County petitions go to the Kent County Courthouse at 222 Quaker Lane in Warwick. Newport County files at the Murray Judicial Complex at 45 Washington Square in Newport, and Washington County at the McGrath Judicial Complex at 4800 Tower Hill Road in Wakefield.
The petition requires specific information including case numbers, dates, charges, and dispositions. You must also submit a certified criminal record, fingerprint cards, and supporting documents. The filing fee is $120, but you can request a fee waiver if you receive public assistance or meet income guidelines.
After filing, the court schedules a hearing, typically within 60-90 days. The Attorney General's office receives notice and may object to your petition. At the hearing, you may need to explain why expungement serves the interests of justice and demonstrate rehabilitation.
Common Mistakes to Avoid
Don't assume all records are automatically eligible. Many people file petitions without checking eligibility requirements, wasting time and money. Review R.I. Gen. Laws § 12-1.3 carefully or consult an attorney before filing.
Avoid filing too early. Petitioning before the required waiting period expires results in automatic denial. Count the waiting period from when you completely finished your sentence, including all probation, not from the conviction date.
Don't ignore court debts. Outstanding fines, fees, or restitution can derail your expungement. Pay all court-ordered obligations before filing or be prepared to explain payment arrangements.
Never provide incomplete information. Missing case numbers, incorrect dates, or unsigned forms cause delays. Double-check all paperwork and include every required document.
Don't skip the hearing without good cause. The court may deny your petition if you fail to appear. If you have a legitimate conflict, contact the court clerk immediately to request a continuance.
Getting Legal Help
While you can file for expungement without an attorney, legal assistance increases your chances of success, especially for complicated cases. Rhode Island Legal Services at (401) 274-2652 provides free help to eligible low-income individuals. The Rhode Island Bar Association's Lawyer Referral Service at (401) 421-7758 can connect you with private attorneys who handle expungements.
Some law school clinics, including the Roger Williams University School of Law Criminal Defense Clinic, occasionally assist with expungements. Community organizations like OpenDoors Rhode Island sometimes offer expungement workshops and assistance.
FAQ
How long does the entire expungement process take in Rhode Island?
From filing to final order, expect 3-6 months. The court typically schedules hearings within 60-90 days of filing, and the judge's decision may come immediately or within several weeks. Once granted, actual removal from databases takes an additional 30-60 days.
Will expungement remove my record from FBI databases?
Yes, but it takes time. Rhode Island courts notify the FBI and state police to expunge records. However, private background check companies may retain old information. You can dispute inaccurate information with these companies after expungement.
Can I expunge a DUI conviction in Rhode Island?
First-offense DUI convictions may be eligible after five years if classified as misdemeanors and you've had no other convictions. However, multiple DUI convictions or those involving injury typically cannot be expunged. The Registry of Motor Vehicles maintains separate records that may not be affected by criminal expungement.