Overview Description

Records relating to up to five misdemeanor convictions can be expunged by the court 10 years after the completion of the last sentence, so long as the person has no arrests or convictions in that time and no felony conviction. R.I. Gen. Laws § 12-1.3-2.

Ineligible Category or Citation

Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see R.I. Gen. Laws § 12-1.3-1 et seq.

Fees

The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c).

Effect

The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws §§ 12-1.3-4(a), (b).

“Expungement” means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2).

Forms

For more information regarding filing a petition to expunge a record in Rhode Island, visit here.

Waiting Periods

The petition can be filed 10 years after sentence completion.

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