Expunging or Sealing a Felony in Rhode Island
Which felony convictions can be expunged or sealed in Rhode Island, the waiting period, and how to file.
Short 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… R.I. Gen. Laws §§ 12-1.3-1(1), 12-1.3-2(a), (d), 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. |
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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. |
| What clearing a record does | 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. The pages reviewed do not address firearm rights. Expungement may not change how federal immigration authorities treat a conviction. |
Where to get help in Rhode Island
More Rhode Island expungement & criminal records
- Getting a Copy of Your Rhode Island Criminal Record
- Clearing a DUI From Your Record 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 felony be expunged in Rhode Island?
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.
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.
What happens after a record is expunged or sealed in Rhode Island?
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.
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.