Rhode Island Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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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

(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 ...

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.

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.

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.

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.

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.

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.

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Rhode Island Motion for New Trial for Purpose of Expunging Criminal Record