Question 1

Can you get a criminal record expunged in Rhode Island?

Accepted Answer

In Rhode Island, "expungement" means sealing and keeping all records of a conviction or probation and removing them from active files. The records are no longer public. People who were acquitted or otherwise exonerated can have their records sealed and their identification records destroyed. Some dismissed cases are sealed automatically, and past marijuana-possession records were expunged automatically.

Question 2

Can you clear an arrest or dismissed charge in Rhode Island?

Accepted Answer

After an acquittal, dismissal, no true bill, no information, or other exoneration, police must destroy fingerprints, photographs and other identification records within 60 days, and the clerk seals the case records. District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically 10 to 20 days after dismissal. For older Rule 48(a) dismissals, the clerk seals the case administratively at the defendant's request. In other exonerations, the person files a motion to seal, with at least 10 days' notice to the Attorney General and the police department that brought the charge. Domestic-violence charges that were "filed" (placed on file) cannot be sealed or expunged for three years after the filing.

Question 3

Can a misdemeanor be expunged in Rhode Island?

Accepted Answer

A "first offender" can move to expunge a misdemeanor conviction five years after completing the sentence. A first offender is someone with no earlier conviction or probation and no pending case. A person with more than one but fewer than six misdemeanor convictions, and no felony, can move to expunge them ten years after completing the last sentence. Domestic-violence offenses, DUI (§ 31-27-2) and chemical-test refusal (§ 31-27-2.1) are excluded from this multiple-misdemeanor route. The court must find no convictions or arrests during the waiting period, no pending charges, all court debts paid or waived, good moral character, rehabilitation, and that expungement is consistent with the public interest. Records of a deferred sentence can be expunged once it is completed, except for crimes of violence.

Question 4

Can a felony be expunged in Rhode Island?

Accepted Answer

A first offender can move to expunge a felony conviction ten years after completing the sentence. In the ten years before filing, the person must have no convictions or arrests, no pending case, all court debts paid or waived, good moral character, and rehabilitation to the court's satisfaction. Crimes of violence can never be expunged. They include murder, manslaughter, first-degree arson, robbery, larceny from the person, first- and second-degree sexual assault, child molestation, burglary, and certain assaults.

Question 5

Does Rhode Island have automatic record clearing (clean slate)?

Accepted Answer

District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically, without a motion, 10 to 20 days after dismissal. Prior civil violations and criminal convictions for possession only of marijuana, where the offense has since been decriminalized, were to be expunged automatically, with all eligible records expunged before July 1, 2024. Most conviction expungements still require a motion and a hearing.

Question 6

Can a DUI be expunged in Rhode Island?

Accepted Answer

DUI (R.I. Gen. Laws § 31-27-2) and refusal to submit to a chemical test (§ 31-27-2.1) cannot be expunged under the route for people with multiple misdemeanors. The first-offender provision in § 12-1.3-2(a) does not list DUI as an excluded offense.

Question 7

How do you seal a juvenile record in Rhode Island?

Accepted Answer

Police records of juvenile arrests, detentions and dispositions must be kept separate from adult records and withheld from public inspection. A parent, guardian or attorney may inspect them. The identity of a juvenile who is waived to adult court, or certified and convicted, is made public. The Judiciary provides a Family Court "Motion to Expunge or Seal Record and Affidavit" form.

Question 8

How do you file for expungement in Rhode Island?

Accepted Answer

File a motion to expunge in the court where the conviction took place. The Judiciary has separate forms for District Court, Family Court (misdemeanor), and Superior Court (felony and misdemeanor). The clerk sets a hearing at least 10 days out, and the person must give the Attorney General's office and the charging police department at least 10 days' notice. If the motion is granted, all fines, fees, costs, restitution and assessments must be paid or waived before the expungement is finished. The clerk then prepares three certified copies of the order: one for the person, one for the Attorney General's Bureau of Criminal Identification, and one for the police department. The person must deliver them. The Attorney General's office offers an online eligibility-screening form.

Question 9

How much does expungement cost in Rhode Island?

Accepted Answer

The Superior Court FAQ says there is no fee for the expungement process. Unpaid fines and costs must be paid or waived by the court before an expungement is completed. A person who cannot afford them can file a motion to remit court costs and fines with a financial statement. Restitution cannot be remitted. Marijuana expungements are granted without cost, and outstanding fines and costs tied to the eligible conviction are waived.

Question 10

What happens after a record is expunged or sealed in Rhode Island?

Accepted Answer

Expungement releases the person from all penalties and disabilities of the conviction. An expunged conviction can still count as a prior conviction at sentencing for a later crime, except for marijuana expungements. On job, license and similar applications, and as a witness, the person may say they have never been convicted of the crime. The exceptions are applicants for law enforcement jobs, bar admission, teaching or coaching certificates, and early-childhood-education jobs, who must disclose the conviction. Record custodians may not reveal the record's existence except to the person, a sentencing court, bar and education authorities, or law enforcement in limited cases. Willful wrongful release can make an agency or person civilly liable.

Question 11

Can old marijuana convictions be cleared in Rhode Island?

Accepted Answer

Anyone with a prior civil violation or a misdemeanor or felony conviction for possession only of marijuana, where the offense has since been decriminalized, is entitled to automatic expungement. All eligible records were to be expunged before July 1, 2024. If the record does not state the amount, it is presumed to be two ounces or less. These expungements are granted regardless of other convictions (including crimes of violence), pending cases, or unpaid court debts, and related fines and costs are waived. A person may also request expedited expungement in writing, and § 12-1.3-2(g) allows a motion to expunge any decriminalized offense at no cost.

What relief the state offers	In Rhode Island, "expungement" means sealing and keeping all records of a conviction or probation and removing them from active files. The records are no longer public. People who were acquitted or otherwise exonerated can have their records sealed and their identification records destroyed. Some dismissed cases are sealed automatically, and past marijuana-possession records were expunged automatically. Source: R.I. Gen. Laws §§ 12-1.3-1, 12-1.3-2, 12-1-12, 12-1-12.1, 12-1.3-5
Arrests and dismissed charges	After an acquittal, dismissal, no true bill, no information, or other exoneration, police must destroy fingerprints, photographs and other identification records within 60 days, and the clerk seals the case records. District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically 10 to 20 days after dismissal. For older Rule 48(a) dismissals, the clerk seals the case administratively at the defendant's request. In other exonerations, the person files a motion to seal, with at least 10 days' notice to the Attorney General and the police department that brought the charge. Domestic-violence charges that were "filed" (placed on file) cannot be sealed or expunged for three years after the filing. Source: R.I. Gen. Laws §§ 12-1-12, 12-1-12.1
Misdemeanor convictions	A "first offender" can move to expunge a misdemeanor conviction five years after completing the sentence. A first offender is someone with no earlier conviction or probation and no pending case. A person with more than one but fewer than six misdemeanor convictions, and no felony, can move to expunge them ten years after completing the last sentence. Domestic-violence offenses, DUI (§ 31-27-2) and chemical-test refusal (§ 31-27-2.1) are excluded from this multiple-misdemeanor route. The court must find no convictions or arrests during the waiting period, no pending charges, all court debts paid or waived, good moral character, rehabilitation, and that expungement is consistent with the public interest. Records of a deferred sentence can be expunged once it is completed, except for crimes of violence. Source: R.I. Gen. Laws §§ 12-1.3-1(3), 12-1.3-2, 12-1.3-3
Felony convictions	A first offender can move to expunge a felony conviction ten years after completing the sentence. In the ten years before filing, the person must have no convictions or arrests, no pending case, all court debts paid or waived, good moral character, and rehabilitation to the court's satisfaction. Crimes of violence can never be expunged. They include murder, manslaughter, first-degree arson, robbery, larceny from the person, first- and second-degree sexual assault, child molestation, burglary, and certain assaults. Source: R.I. Gen. Laws §§ 12-1.3-1(1), 12-1.3-2(a), (d), 12-1.3-3
DUI / DWI convictions	DUI (R.I. Gen. Laws § 31-27-2) and refusal to submit to a chemical test (§ 31-27-2.1) cannot be expunged under the route for people with multiple misdemeanors. The first-offender provision in § 12-1.3-2(a) does not list DUI as an excluded offense. Ask the court whether a single DUI qualifies under the first-offender provision. Source: R.I. Gen. Laws §§ 12-1.3-2(b), 12-1.3-3(b)(1)(iii)
Juvenile records	Police records of juvenile arrests, detentions and dispositions must be kept separate from adult records and withheld from public inspection. A parent, guardian or attorney may inspect them. The identity of a juvenile who is waived to adult court, or certified and convicted, is made public. The Judiciary provides a Family Court "Motion to Expunge or Seal Record and Affidavit" form. Source: R.I. Gen. Laws § 14-1-64; RI Judiciary Expungement Information
Past marijuana convictions	Anyone with a prior civil violation or a misdemeanor or felony conviction for possession only of marijuana, where the offense has since been decriminalized, is entitled to automatic expungement. All eligible records were to be expunged before July 1, 2024. If the record does not state the amount, it is presumed to be two ounces or less. These expungements are granted regardless of other convictions (including crimes of violence), pending cases, or unpaid court debts, and related fines and costs are waived. A person may also request expedited expungement in writing, and § 12-1.3-2(g) allows a motion to expunge any decriminalized offense at no cost. Source: R.I. Gen. Laws §§ 12-1.3-5, 12-1.3-2(g), 12-1.3-3(e)

How to apply	File a motion to expunge in the court where the conviction took place. The Judiciary has separate forms for District Court, Family Court (misdemeanor), and Superior Court (felony and misdemeanor). The clerk sets a hearing at least 10 days out, and the person must give the Attorney General's office and the charging police department at least 10 days' notice. If the motion is granted, all fines, fees, costs, restitution and assessments must be paid or waived before the expungement is finished. The clerk then prepares three certified copies of the order: one for the person, one for the Attorney General's Bureau of Criminal Identification, and one for the police department. The person must deliver them. The Attorney General's office offers an online eligibility-screening form. Source: R.I. Gen. Laws § 12-1.3-3; RI Judiciary Expungement Information; RI Attorney General
Filing fee	The Superior Court FAQ says there is no fee for the expungement process. Unpaid fines and costs must be paid or waived by the court before an expungement is completed. A person who cannot afford them can file a motion to remit court costs and fines with a financial statement. Restitution cannot be remitted. Marijuana expungements are granted without cost, and outstanding fines and costs tied to the eligible conviction are waived. Source: RI Superior Court FAQ (rev. Jan. 2023); R.I. Gen. Laws §§ 12-1.3-3(b), 12-1.3-5(e), (g)
Automatic (clean slate) relief	District Court cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically, without a motion, 10 to 20 days after dismissal. Prior civil violations and criminal convictions for possession only of marijuana, where the offense has since been decriminalized, were to be expunged automatically, with all eligible records expunged before July 1, 2024. Most conviction expungements still require a motion and a hearing. Source: R.I. Gen. Laws §§ 12-1-12.1(a), 12-1.3-5

Rhode Island Expungement Laws: How to Clear or Seal a Criminal Record

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