Legal Question in Criminal Law in Rhode Island

Re: Rhode Island criminal record expungment

In Rhode Island, the general rule is that dismissed criminal charges (48a) can always be expunged. Many people don't realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.

The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged.

A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.

A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.

A felony conviction, suspended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period.

Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.

Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded.

Certain crimes of violence can never be expunged and R.I.G.L � 12-1.3-1. states:

"Crime of violence" includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

Noticeable absent from the definition of crimes of violence is "assault." It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.

Please call me if you need any help.