The summary below is for informational purposes only. It is recommended that you contact an attorney to discuss the procedures for filing a motion for expungement in your particular case. This summary information does not guarantee that your case will be expunged after a motion has been filed.
Title 12, Chapter 1.3 of the Rhode Island General Laws sets out a procedure for a first offender to file a motion to expunge a record of conviction for a felony or a misdemeanor. “Expungement” is a legal procedure by which certain individuals can ask the court to seal criminal a record. Once sealed, the criminal record is no longer public. Some time limits apply before a motion to expunge a case can be filed and anyone convicted or placed on probation on more than one occasion is ineligible for expungement.
G.L. 1956 § 12-1-12 sets out a procedure for a person to file a motion for the destruction or sealing of records of persons acquitted or otherwise exonerated in a case. If the motion is granted, any fingerprints, photographs, physical measurements, or other record of identification taken by the Office of the Attorney General or any other authorized law enforcement agency shall be destroyed, all records of the Bureau of Criminal Identification (BCI) shall be sealed, and all court records shall be sealed in accordance with G.L. 1956 § 12-1-12.1.
Title 12, Chapter 1.3 of the Rhode Island General Laws sets out a procedure for a first offender to file a motion to expunge a record of conviction for a felony or a misdemeanor. “Expungement” is a legal procedure by which certain individuals can ask the court to seal criminal a record. Once sealed, the criminal record is no longer public. Some time limits apply before a motion to expunge a case can be filed.
The motion for expungement should be filed in the court in which the conviction took place. The forms for filing in the Superior and District Courts are located under “Quick Links.” The Clerk’s Office will fill in the hearing date for the motion. The date will be at least ten (10) days from the date the motion is filed, because you are required under the law to provide at least ten (10) days’ notice of the hearing to the Office of the Attorney General and the police department that charged the case.
If your motion is granted, all financial obligations owed (fines, fees, costs, restitution, and assessments) must be paid in full or waived by the court to complete the expungement process. Upon all conditions being satisfied, the clerk’s office will prepare three (3) certified copies of the order. One (1) copy is for your records, one (1) copy is for the Office of the Attorney General’s Bureau of Criminal Identification Unit (BCI), and one (1) copy is for the police department that charged the case. You are responsible to deliver the copies to these agencies.