As reported by Katherine Gregg in the February 13, 2013 edition of the Providence Journal, Attorney General Peter Kilmartin has proposed a new expungement law which is before the General Assembly. The proposed bill would allow for the expungement of multiple misdemeanor charges, if the person has not reoffended in the past ten (10) years. The new proposed bill would not allow for the expungement of multiple drunk driving or domestic violence charges.
The current law expungement law, Rhode Island General Laws 12-1.3-1, allows for any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place, provided that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged.
(b) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence.
(c) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence.
The law is limited to first time offenders, defined as a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court. The new proposed bill would allow for the expungement of up to five (5) misdemeanors.
Some charges, defined as crimes of violence can never be expunged from a person's record. Crimes of violence include 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.
If you or a family member has been charged with felony or misdemeanor and may be eligible for an expungement, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.