Rhode Island Order Allowing Defendant Access to Original Recording of Record

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Multi-State
Control #:
US-00811
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Word; 
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Description

This form is a sample order allowing the defendant access to an original recording in the native language of the defendant. Adapt to fit your circumstances.

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FAQ

Under RIGL § 12-1 3-4 (c), certain individuals or organizations have access to expunged records. These include: the individual whose record was expunged. a sentencing court following the conviction of the individual for the commission of a different crime.

You must wait ten (10) years after the date of completion of your last sentence to file a motion for expungement. Convictions for domestic violence, driving under the influence of liquor or drugs, or refusal to submit to chemical test are not eligible for expungement unless the individual is a first time offender.

One misdemeanor conviction can be expunged 5 years after end of sentence if requirements are met. One misdemeanor convictions can be expunged five years after the completion of the sentence or probationary period so long as the person does not have another conviction.

Fill in the required fields in the Motion to Expunge or Seal Record ? The Defendant's name, case number, bureau of criminal identification number, the count(s), charge(s), and disposition(s) of the case, and the name of the police department that charged the case.

?First offenders? may petition for expungement of the record of conviction after 10 arrest-free years (for felonies) or 5 arrest-free years (for misdemeanors). R.I. Gen. Laws § 12-1.3-3(b).

Warrants can also be requested through the local Sheriff's Office, where the warrant was issued. Both arrest records and warrants also appear on criminal background checks. Alternatively, Rhode Island also has a most wanted list that is updated regularly and includes fugitives with active warrants for arrest.

Rhode Island law requires that you file a Motion to Expunge a misdemeanor in the District Court in which the conviction took place. By "court" the statute is referring to the particular county in which the conviction took place. In Rhode Island, there are four county district courts.

The Rhode Island Access to Public Records Act was passed in 1979, in a bid to ensure transparency and government accountability. Under this act, criminal records in the state of Rhode Island are available to the public upon request. This does not, however, include criminal records that have been sealed by court order.

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Rhode Island Order Allowing Defendant Access to Original Recording of Record