Am I Eligible for Expungement?

Determining whether or not you are eligible for an expungement of your criminal record in Rhode Island can be a complex analysis.  This determination requires an examination of the exact charges which were initially brought, the sentence or disposition of the case, and any other criminal charges that you may have encountered.  Some of the most frequent issues that we run into when analyzing whether certain records are eligible for expungement are (1) the first offender requirement, (2) the crime of violence prohibition, and (3) the waiting period requirement.  To check on the result of your Rhode Island criminal case, you can view your case on the Rhode Island Court Computer.  For an experienced legal analysis regarding your eligibility for an expungement of your Rhode Island criminal case, contact Attorney Matthew Marin at 401-228-8271 or fill out our No Obligation Expungement Consultation Form.

The "First Offender" Requirement

Rhode Island expungement law requires that anyone seeking to expunge a criminal record be a "first offender."  The first offender provision provides that:

This provision means that if you were convicted or placed on probation for the case you are seeking to expunge and you were placed on probation or convicted of any other case, you are ineligible to have those cases expunged.  This provision does not apply if the other case was "Filed" or if the other case was dismissed.  Unfortunately, the way the expungement law in Rhode Island is currently written those individuals with more than one record of probation or conviction cannot, ever, expunge any of those records because of the "first offender" requirement.

The "Crime of Violence" Prohibition

In addition to the requirement that an individual seeking a criminal record expungement in Rhode Island be a "first offender," the Rhode Island Expungement law also prohibits certain crimes from expungement.  The "crime of violence" prohibition provides that:

The above-listed offenses are deemed "ineligible" for expungement.  However, if you were charged with one of the above listed offenses and the case was dismissed or you plead to a reduced charge, you may be eligible to have the case expunged.  Also, if sentencing on the case was "deferred" pursuant to a deferred sentence agreement which was successfully completed, you may be eligible to have the case expunged.

The Waiting Period Requirement

If you can satisfy the "first offender" and "crime of violence" requirements, you need to determine if your record is eligible to be expunged at this time.  If your criminal case was dismissed completely by the prosecution, you are eligible to have the case expunged from your record immediately.  But, if you received a sentence on a misdemeanor or felony criminal offense, you will need to wait the appropriate amount of time prior to seeking an expungement.  Rhode Island expungement law provides that:

If you were convicted of a misdemeanor criminal offense, you are eligible to have the record expunged five (5) years from the date of the completion of the sentence (typically from the end of your probationary sentence).

If you were convicted of a felony criminal offense, you are eligible to have the record expunged ten (10) years from the date of the completion of the sentence.

If you were placed on a Filing for a misdemeanor criminal offense, you are eligible to have the case expunged immediately upon completion of the one (1) year filing.

Contact Rhode Island Expungement Attorney Matthew Marin for a no obligation consultation regarding your eligibility for expungement - Phone (401) 228-8271 or Email marin.matthew@gmail.com