Overview Description

Records relating to a wrongful arrest or an arrest resulting from mistaken identity for which no charges were filed will be sealed and destroyed by the law enforcement agency within 60 days of the determination that the arrest was wrongful or without probable cause. R.I. Gen. Laws § 12-1-12.2(b).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. For the specific procedure, see R.I. Gen. Laws § 12-1-12.2.

Fees

There is no statutory language regarding fees.

Effect

The person may deny that the arrest ever occurred and need not disclose the arrest for any purpose including, but not limited to, any application for employment or professional license. R.I. Gen. Laws § 12-1-12.2(f).

Waiting Periods

The non-court record is to be destroyed within 60 days of determination that the arrest was wrongful or without probable cause. The person must petition the court to seal the court records, see R.I. Gen. Laws § 12-1-12.1.

(non-prod server)