Overview Description

Records relating to a conviction for an offense that has been decriminalized can be expunged immediately. R.I. Gen. Laws § 12-1.3-2(g).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court that handled the original case. R.I. Gen. Laws § 12-1.3-2(g).

Fees

There are no fees. R.I. Gen. Laws § 12-1.3-3(e).

Effect

Petitioner is released from all penalties and disabilities, except the expunged conviction may be considered as a prior conviction in determining the sentence in a subsequent case. Petitioner may state that he or she has 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).

Waiting Periods

There is no waiting period.

(non-prod server)