Who is Eligible for Getting Records Expunged in Rhode Island?
Full Question:
Answer:
Unfortunately, a person's record can have lasting effects. A person who is not a first offender is not eligible for expungment in Rhode Island. For expungement of records of conviction, the person must be a first offender not convicted of a crime of violence. "Crime of violence" includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
A person is eligible if in the five (5) years preceding the filing of the motion, if the conviction was for a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor, there are no criminal proceedings pending against the person, and he or she has exhibited good moral character.
Please see the following RI statutes:
§ 12-1.3-1. Definitions. —
For purposes of this chapter only, the following definitions apply:
(1) "Crime of violence" includes murder, manslaughter, first degree
arson, kidnapping with intent to extort, robbery, larceny from the person,
first degree sexual assault, second degree sexual assault, first and second
degree child molestation, assault with intent to murder, assault with
intent to rob, assault with intent to commit first degree sexual assault,
burglary, and entering a dwelling house with intent to commit murder,
robbery, sexual assault, or larceny.
(2) "Expungement of records and records of conviction" means the sealing
and retention of all records of a conviction and/or probation and the
removal from active files of all records and information relating to
conviction and/or probation.
(3) "First offender" means a person who has been convicted of a felony
offense or a misdemeanor offense, and who has not been previously convicted
of or placed on probation for a felony or a misdemeanor and against whom
there is no criminal proceeding pending in any court.
(4) "Law enforcement agency" means a state police organization of this
or any other state, the enforcement division of the department of
environmental management, the office of the state fire marshal, the
capitol police, a law enforcement agency of the federal government, and
any agency, department, or bureau of the United States government which
has as one of its functions the gathering of intelligence data.
(5) "Records" and "records of conviction and/or probation" include all
court records, all records in the possession of any state or local police
department, the bureau of criminal identification and the probation
department, including, but not limited to, any fingerprints, photographs,
physical measurements, or other records of identification. The terms
"records" and "records of conviction, and/or probation" do not include the
records and files of the department of attorney general which are not kept
by the bureau of criminal identification in the ordinary course of the
bureau's business.
§ 12-1.3-2. Motion for expungement. —
(a) Any person who is a first offender may file a motion for the
expungement of all records and records of conviction for a felony or
misdemeanor by filing a motion in the court in which the conviction took
place, provided that no person who has been convicted of a crime of
violence shall have his or her records and records of conviction expunged.
(b) Subject to subsection (a) of this section, a person may file a motion
for the expungement of records relating to a misdemeanor conviction after
five (5) years from the date of the completion of his or her sentence.
(c) Subject to subsection (a) of this section, a person may file a motion
for the expungement of records relating to a felony conviction after ten
(10) years from the date of the completion of his or her sentence.
§ 12-1.3-3. Motion for expungement — Notice — Hearing — Criteria for
granting. —
(a) Any person filing a motion for expungement of the records of his or
her conviction pursuant to § 12-1.3-2 shall give notice of the hearing date
set by the court to the department of the attorney general and the police
department which originally brought the charge against the person at least
ten (10) days prior to that date.
(b) The court, after the hearing at which all relevant testimony and
information shall be considered, may in its discretion order the
expungement of the records of conviction of the person filing the motion if
it finds:
(1) That in the five (5) years preceding the filing of the motion, if the
conviction was for a misdemeanor, or in the ten (10) years preceding the
filing of the motion if the conviction was for a felony, the petitioner has
not been convicted nor arrested for any felony or misdemeanor, there are no
criminal proceedings pending against the person, and he or she has
exhibited good moral character;
(2) That the petitioner's rehabilitation has been attained to the court's
satisfaction and the expungement of the records of his or her conviction is
consistent with the public interest.
(c) If the court grants the motion, it shall order all records and
records of conviction relating to the conviction expunged and all index and
other references to it deleted. A copy of the order of the court shall be
sent to any law enforcement agency and other agency known by either the
petitioner, the department of the attorney general, or the court to have
possession of the records. Compliance with the order shall be according to
the terms specified by the court.
The court must also find that petitioner's rehabilitation has been attained to the court's satisfaction and the expungement of the records of his or her conviction is consistent with the public interest.
