Rhode Island law allows those convicted of domestic violence crimes to, under certain circumstances, to expunge the records of that conviction. It is easy to see why taking this step to clear your Rhode Island domestic violence conviction is so important. A domestic violence conviction can give you problems when:
- Applying for Employment
- Getting a Mortgage
- Purchasing a Firearm
- Working with Children and in Schools
- Going to School / College
In Rhode Island, when you can expunge your Rhode Island domestic violence conviction depends upon the sentence or disposition of your case. In general terms, the following waiting periods apply to domestic violence sentences in Rhode Island:
Rhode Island Domestic Violence Filing = 3 Years (from date of the plea)
A domestic violence Filing is usually a sentence given to those who have never been in trouble before. In addition to staying out of trouble for one year you would have also had to complete the batterers intervention program. Once the one year filing has been successfully completed, you would need to wait two more years prior to moving to expunge the misdemeanor Rhode Island domestic violence filing.
Rhode Island Domestic Violence Misdemeanor Probation = 5 Years (from the end of the probation)
In some misdemeanor domestic violence cases, an individual can be sentenced to probation. Probation for misdemeanor cases is usually either 6 or 12 months. Once an individual successfully completes their probationary sentence they will need to wait an additional 5 years prior to moving to expunge their misdemeanor domestic violence case.
Rhode Island Domestic Violence Felony Probation = 10 Years (from the end of the probation)
In felony cases, individuals can be sentenced to probation, suspended sentence, or jail. Regardless of the sentence received on your felony domestic violence case, you will have to wait a minimum of 10 years after the end of your probation/jail sentence prior to moving to expunge your felony domestic violence case. However, if you have other charges or convictions then this may make your felony domestic violence charge ineligible for expungement.