Expungements

You Deserve a Clean Slate.

Job applications, housing, professional licensing, loan applications, your reputation.  Having a criminal record puts barriers and obstacles in the way of achieving our goals and restoring our good names.

Rhode Island law regarding expungements frequently changes.  In fact, a major change was passed in 2018 providing opportunities for many more people to qualify for expungement who previously were not eligible.

The Following Offenses are Eligible for Expungement

  • First Offenses
  • Multiple misdemeanor convictions but no felonies convictions
  • Cases that have been dismissed or where the Attorney General has failed to file an information or obtain an indictment
  • Offenses that Have Been de-criminalized after the plea or trial (such as possession of small amounts of marijuana)
  • Prostitution or solicitation charges
  • Deferred Sentences

The laws surrounding expungement and sealing can be complicated.  Once Attorney Nee determines you are eligible, she will file a motion in the appropriate court and work to achieve the best results possible.

Call today or fill out the contact form on the right side of this page.

Below is the text of the expungement statute which was just recently revised in 2018.

Rhode Island General Laws § 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; and provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.
(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a motion in the court in which the convictions took place; provided that convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged under this subsection.

(c) Subject to subsection (a), 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.

(d) Subject to subsection (a), 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.

(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this section, a person may file a motion for the expungement of records relating to a deferred sentence upon its completion, after which the court will hold a hearing on the motion.

(f) Subject to subsection (b) of this section, a person may file a motion for the expungement of records relating to misdemeanor convictions after ten (10) years from the date of the completion of their last sentence.

(g) Notwithstanding the provisions of subsections (a) through (f) of this section, a person may file a motion for the expungement of records related to an offense that has been decriminalized subsequent to the date of their conviction, after which the court will hold a hearing on the motion in the court in which the original conviction took place.

Call Nee Law today at 401-453-5633 or fill out the contact form on the right side of this page.