State Law Summary

Rhode Island

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Section  12-1.3-1 (2019) / Section 12-1.3-3 (2019)/ Section 12-1.3-2 /  RI Gen L § 12-18-3 (2019) /  RI Gen L § 12-1-12.1 (2019) / Section 12-1-12.2(b) (2019) / Section § 12-1-12.1(a),(e) (2019) / R.I. Gen. Laws § 12-18-3 (2019) /  RI Gen L § 12-19-19 (2019) / R.I. Gen. Laws §§ 14-1-6.1 (2019) / RI Gen L § 14-1-7.2 (2019)

Secondary Sources: Rhode Island CCRC Profile (4/8/2020)

Summary of the Law

CONVICTIONS:  §12-1.3-2 / §12-1.3-3 /  R.I. Gen. Laws § 12-18-3 / § 12-1-12.1

  1. Misdemeanors: 
    1. Expungement for First Offense Misdemeanor Convictions if clean and no pending charges, after 5 year waiting-period starting from completion of sentence. § 12-1.3-3(a)(1)(i) ;  § 12-1.3-2(a)(c)
    2. Expungement for Multiple Misdemeanor Convictions (2-6 convictions) if clean and no pending charges, after 10 year waiting-period starting from completion of last sentence § 12-1.3-2(b)(f);12-1.3-3(a)(1)(i),(iii).
    3. Sealing for pleas of nolo contendere if sentenced to probation and no prior felony conviction, after completion of sentence with no waiting-period, unless charge was for domestic violence, then may file immediately but the court wont seal for 3 years. R.I. Gen. Laws § 12-18-3; § 12-1-12.1(a),(e); Rhode Island CCRC Profile
  2. Felonies:
    1. Expungement for First Offense Felony Convictions if clean and no pending charges, after 10 year waiting-period starting from completion of sentence.  § 12-1.3-3(a)(1)(i)-(ii)§ 12-1.3-2(a)(d).
    2. Expungement of Felony and Misdemeanor Convictions Subsequently Decriminalized upon completion of original sentence with no waiting-period.§ 12-1.3-2(g); Section 12-1.3-3(e)
  3. Not Eligible:
    1. Expungement for First Offense Misdemeanor and Felony Conviction not available for “crimes of violence” § 12-1.3-2(a)
    2. Expungement for Multiple Misdemeanor Convictions not available for offenses under Chapter 29, Title 12, § 31-27-2 or § 31-27-2.1. 12-1.3-2(b)
  4. Lifetime or Other Limits: First-Time Offense limited to once per lifetime, Multiple Misdemeanor Convictions limited to less than 6 in lifetime.
  5. LFO Payment Required for Sentence Completion: Payment required for First Time Misdemeanor/Felony Convictions, must have paid all LFO’s § 12-1.3-3(a)(1)(i). Also required  for Felony or Misdemeanor Deferred Adjudication § 12-1.3-3(b)(ii). Yes for Felony and Misdemeanor Convictions Subsequently Decriminalized Section 12-1.3-3(e)
  6. Other Unmodeled Criteria or Details: 
    1. Expungement for Felony or Misdemeanor Deferred Adjudication (§§ 12-19-19(c); 12-1.3-2(e)§ 12-1.3-3(b)(ii)) and First Misdemeanor/Felony Offense (§ 12-1.3-3(b)(i),(ii)).
    2. Expungement for completion of Drug Court Program.
    3. Sealing for Juvenile Felonies and Misdemeanor Convictions (R.I. Gen. Laws §§ 14-1-6.1(a)(ii);  RI Gen L § 14-1-7.2(c)).

NON-CONVICTIONS:  § 12-1-12.1§ 12-1-12.2

  1. Sealing of record for any wrongful arrest, for reason of mistaken identity or lack of probable cause, if no charges have been filed, automatically, upon 60 days after determination arrest was wrongful. § 12-1-12.2(b).  
  2. Sealing of any charges if person is acquitted, charges dropped, filing of no true bill or no information, or otherwise exonerated, if person has no prior felony conviction with no waiting-period, unless charge was for domestic violence, then may file immediately but court wont seal for 3 years § 12-1-12.1(a),(e).

Partners

The Second Chance Gap Initiative is a project of Santa Clara University that is made possible through the support of our collaborators and partners

Contact Us

info@paperprisons.org

A project of
Santa Clara University

© 2021 Santa Clara University