Rhode Island law allows for a person to have their criminal record expunged if they satisfy certain eligibility requirements under Rhode Island law. To have your criminal record erased through the expungement statute, an individual is required to file a motion with the court that imposed the sentence, or enter the final disposition of the case if a dismissal. The motion must be sent to the prosecuting police department and to the Rhode Island Attorney General. Once the ten period is pasted the motion must be assigned a hearing date, at which time the judge will either grant or deny the motion. If the motion is allowed, most judges will sign an order at the hearing. This order must be sent to the prosecuting police department and the Attorney General so that the criminal record can be expunged.

A motion to expunge if granted will remove the criminal record from public record. A person is eligible to have their record expunged if a:

1. first time offender
2. and if the offense is a misdemeanor, five years have elapsed since the completion of the sentence.
3. If the offense is a felony, eligibility for an expungement requires ten years to pass since the completion of the sentence.
4. If you are convicted of a new offense, or enter a nolo plea to a new criminal charge prior to having your record expunged, you will no longer be a first time offender and will therefore, be ineligible to have your record expunged.
5. In addition to no having any criminal convictions since your first offense, the Rhode Island Expungement statute requires that you exhibit good moral character, which would include, regular employment, being current on any support obligations and not having any pending criminal charges.

Attorney DelSignore is a Rhode Island lawyer handling expungement matters and will provide you with a free consultation to discuss your eligibility under the law. Call 401-465-1611 24 hours a day, nights, weekends and holidays.