⚖️ Rhode Island Criminal Record Relief Laws
1) Expungement (R.I. Gen. Laws § 12-1.3)
✔️ What expungement does
- Treats the case as if it never happened for most purposes
- Removes the record from public access (though some limited disclosures may still be required in certain jobs)
✔️ Who is eligible
First offenders
A “first offender” (no prior convictions or pending cases) can petition to expunge:
- Misdemeanors or non-violent felonies
- Must have paid all fines/fees
Multiple misdemeanors
- If you have fewer than 6 misdemeanors and no felonies, you may still qualify
⏳ Waiting periods
- Misdemeanor conviction:
→ 5 years after completing sentence - Felony conviction (non-violent):
→ 10 years after completing sentence - Multiple misdemeanors (non–first offender):
→ 10 years after last sentence - Deferred sentence:
→ Eligible after completion of the deferment - Dismissed / not guilty cases:
→ Can seek sealing immediately (or automatically in some cases)
❌ What cannot be expunged
- Crimes of violence (e.g., robbery, sexual assault, etc.)
- Certain offenses like:
- DUI / refusal cases
- Some domestic violence offenses
⚖️ Court decision factors
Even if you qualify, a judge must approve it. The court looks at:
- Clean record during waiting period
- No pending charges
- Payment of fines
- “Good moral character” and rehabilitation
2) Record Sealing (Non-Convictions)
Rhode Island distinguishes sealing from expungement:
- Dismissed cases (after Jan 1, 2023):
→ Automatically sealed within about 10–20 days - Acquittals / no true bill:
→ You can file a motion to seal
👉 Once sealed, records are not public, but still exist internally.
3) Pardons (Executive Clemency)
✔️ How pardons work in Rhode Island
- Only granted by the Governor of Rhode Island
- No formal standardized application process
- Typically requires:
- A petition
- Supporting documentation (rehabilitation, references, etc.)
⚠️ Important distinction
- A pardon does NOT erase the record
- It is forgiveness, not deletion
- Can be conditional and even revoked
🔑 Key Takeaways
- Rhode Island does allow expungement, but it is somewhat strict.
- Best candidates:
- First-time offenders
- Non-violent convictions
- Typical wait:
- 5 years (misdemeanor)
- 10 years (felony)
- Non-convictions are often easier and faster to seal
- Pardons exist, but are rare and do not remove the record
In the State of Rhode Island expungements are the removal of criminal records of an offender by the courts. If an applicant’s motion for expungement is granted they can state that they have no criminal record, except in a few circumstances. The person must be a first time offender and the offense must not be a crime of violence according to Rhode Island statute. The person must also wait a period of five years after the disposition of a misdemeanor offense and ten years after the disposition of a felony to apply for a motion to expunge.
Executive Clemency or Pardon, can only be granted by the Governor of Rhode Island. There is no formal application process, but there are requirements that need to be sent with the petition. Pardons in Rhode Island are conditional and the pardon can be revoked if violated.
An expungement of criminal records or a pardon can greatly improve the future success of an individual. It can allow them to obtain employment, educational, and social opportunities that an individual may have been barred from previously.
In order to apply for an application, you must write to:
Governor: Gina M. Raimondo
Office of the Governor
State House, Room 115
Providence, RI 02903-1196