As reported by Katherine Gregg in the March 4, 2013 edition of the Providence Journal, the number of expungements in Rhode Island has increased from 2011 to 2012. Approximately 4,000 cases were expunged in 2012 when compared to 3,000 cases in 2011. Current Rhode Island law allows for the expungement of criminal records for first time offenders. However, a new bill has been introduced at the Rhode Island General Assembly to increase the number of charges which can be expunged from a person's record.
Pursuant to R.I.G.L. 12-1.3-2, 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.
Crimes of violence, which can never be removed from someone's record include the specific crimes of 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 a 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.