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

State:
Multi-State
Control #:
US-02243BG
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Word; 
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Description

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.

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