Clearing a DUI From Your Record in Rhode Island
Whether a DUI or DWI conviction can be expunged or sealed in Rhode Island, and what to do instead if it can't.
Short 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. R.I. Gen. Laws §§ 12-1.3-2(b), 12-1.3-3(b)(1)(iii)
| 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. |
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| 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. |
Where to get help in Rhode Island
More Rhode Island expungement & criminal records
- Getting a Copy of Your Rhode Island Criminal Record
- Expunging or Sealing a Felony in Rhode Island
- How to File for Expungement in Rhode Island
- Sealing or Expunging Juvenile Records in Rhode Island
- All Rhode Island expungement & criminal records rules
FAQ
Can a DUI be expunged in Rhode Island?
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.
How do you file for expungement in Rhode Island?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.