How to 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.

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.

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.