Rhode Island Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

The Rhode Island Petition for Expungement of Record in Case of Acquittal and Release without Conviction is a legal process that allows individuals who have been acquitted or released without conviction of a crime to have their records expunged or cleared. This petition aims to provide individuals a chance to start afresh without the burden and stigma associated with a criminal record. There are different types of Rhode Island Petitions for Expungement of Record in Case of Acquittal and Release without Conviction, including: 1. Petition for Expungement after Acquittal: This type of petition is filed when a person has been acquitted of all charges in their criminal case. An acquittal means that the court has found the individual not guilty of the charges brought against them. 2. Petition for Expungement after Dismissal: This petition is applicable when charges against an individual have been dismissed by the court without a conviction. Dismissal can occur for various reasons, such as lack of evidence or procedural errors. 3. Petition for Expungement after Noble Prose: Nolle prosequi refers to a decision made by the prosecution to stop pursuing charges against an individual. In such instances, the individual may be eligible to file a petition for expungement. 4. Petition for Expungement after Not Guilty by Reason of Insanity: If an individual is found not guilty by reason of insanity, they may be eligible to file a petition for expungement. This type of petition allows individuals to have their records cleared due to their mental state at the time of the offense. Filing a Petition for Expungement requires meeting certain criteria and following a specific legal process. The petitioner must file the necessary paperwork with the appropriate court, providing detailed information about the case, including the charges, the court's decision, and any relevant supporting documentation. It is crucial to consult with an attorney familiar with Rhode Island criminal law to ensure all steps are correctly followed. Once a Petition for Expungement is approved, the records associated with the case are sealed or erased, making them inaccessible to the public. It is important to note that expungement laws and eligibility criteria may vary depending on the jurisdiction and the circumstances of the case. Therefore, individuals seeking expungement should consult a legal professional to fully understand their rights and options under Rhode Island law.

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FAQ

How Long Do You Have to Wait to Get a Felony Expunged? In RI, a person who has a felony criminal offense, such as domestic strangulation or breaking and entering (B&E), must wait a total of 10 years from the expiration of the sentence in order to qualify for a criminal record expungement.

In September of 2017, expungement eligibility for misdemeanors was expanded to include individuals with between 2 and 6 convictions, who may petition to expunge those convictions after 10 arrest-free years.

Expungement of a filing in Rhode Island is not automatic. A motion must be filed. If the filing is for a domestic offense then it cannot be expunged until three years. Unlimited numbers of one year filings can be expunged if other requirements are satisfied.

(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 ...

The most convenient way to find court records in RI is by searching via the Rhode Island Judiciary Public Portal. But if you don't want to use the, you can also visit 150 South Main Street in Providence, RI for the state's Attorney General's Office.

It is called time based expungement because you must wait a certain period of time after the disposition of the case to file. If the offense is a misdemeanor, you must wait 3 years after you've completed all parts of your sentence. If the offense is a felony, you must wait at least 7 years.

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1. 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 ... Guide to restoration of rights, pardon, and criminal record sealing & expungement following a Rhode Island criminal conviction.This resource guide will help you understand if you are eligible to remove cases from your criminal record and the expungement and sealing process. All of the ... Nov 17, 2021 — First, you'll need to verify that you meet the criteria for having an arrest record or conviction expunged. · Secondly, once you've verified that ... Feb 24, 2023 — These forms can be used to clean or seal a criminal record, potentially leading to restored civil rights, improved employment opportunities, ... ... the court records in the case in which the acquittal, dismissal, no true. 15 ... person may file a motion for the expungement of records relating to felony ... When a report alleging abuse or neglect is recorded as justified by the Department of Children and Family Services in the central registry but no petition is ... Jul 19, 2021 — State lawmakers are increasingly interested in statutory provisions that automatically clear a person's criminal record. To expunge a first offense or misdemeanor conviction, you must file a Motion ... a conviction did not occur and expunging a criminal record after a conviction. R.I. Gen. Laws § 12-1.3-2 ... § 12-1.3-2. Motion for expungement. ... (c) Subject to subsection (a), a person may file a motion for the expungement of records ...

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Rhode Island Petition for Expungement of Record in Case of Acquittal and Release without Conviction