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Everything you need to know about Expungements in Rhode Island by a RI Lawyer!
Background Information
Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.
This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy.
In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law Expungement Attorney / Lawyer.
Expungement of Dismissed records
The general rule is that dismissed criminal charges (48a) can always be expunged. Many people don't realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.
The public can easily view the dismissed records and other rhode Island criminal records at http://courtconnect.courts.state.ri.us/
Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just "got off on a technicality" or that you are a bad character by the very fact that you were charged.
Are there dismissed charges that cannot be expunged immediately?
A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you recieved a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.
For example, John was charged with domestic assault, failure to relinquish telephone and disordely conduct arising out of a domestic dispute with his wife related to their pending divorce. John recieved probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.
Expungement of Not Guilty findings.
The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged.
Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty.
Expungement of one year filings
A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.
If a person gets in further trouble during the filing period then the person may be "violated" and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violater as well as charged with a new crime.
At the initial arraignment, a person with a filing can be held for 10 days without a hearing.
If the person takes a plea deal on the violation of the filing or probation and a plea agreemeent on the new charge then neither of the charges can be exunged.
If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing.
Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge.
Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.
Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation
A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes.
A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.
A felony conviction, supended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period.
Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.
Expungement of felony deferred sentences
Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded. This new rule is very unfair becuase judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor.
Crimes of Violence
Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states:
"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.
Noticeable absent from the definition of crimes of violence is "assault." It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island lawyer concentrating in Criminal law, Expungements, Divorce, family law, Personal Injury, Automobile Accidents, dui / dwi / breathalyzer refusal , Child Support, Custody and Visitation. David has been practicing for over 9 years and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. You can contact David Slepkow by calling 401-437-1100 or by visiting http://www.slepkowlaw.com
Also, please visit http://www.slepkowlaw.com/refusal.htm for criminal law information. For a list of links of approximately 50 Rhode Island Law articles written by David Slepkow please visit http://www.slepkowlaw.com/ri-law.htm
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THIS HAS NOTHING TO DO WITH REAL ESTATE........................
GO AWAY........................