Rhode Island Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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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 Does a DUI Stay on My Record in Rhode Island? A first offense DUI charge that resulted in a conviction will remain on your record for at least five years. In order to have the DUI conviction removed from your criminal record, you will need to file a Motion to Expunge with the Court where your case was heard.

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.

Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.

In most cases, you can expect to wait 30-90 days to schedule the hearing date after you file this petition. The entire process can take up to six months to complete. Once the court grants your expungement, however, it may take agencies up to 6 months to destroy records complete.

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.

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.

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.

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Rhode Island Affidavit in Support of Motion to Order Expungement of Criminal Record