Records relating to a case subject to deferred sentencing can be expunged by the court upon the completion of the five year deferral period. R.I. Gen. Laws §§ 12-1.3-2, 12-19-19.
Ineligible Category or Citation
Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a).
Procedure General
Fees
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 after completion of the five-year deferment period.