Expungement in Rhode Island
If you have been convicted of a criminal activity, a record remains with the authorities throughout your life even after you have served jail time or paid the fines. This record may come up in the future when you need to seek an elective position or apply for a job. It tarnishes your name even when you have reformed your ways. Fortunately, a criminal defense attorney can help with criminal record expungement in Rhode Island.
During the expungement process, a criminal conviction is removed from the state repository or destroyed. In the case to seek, the person asking the court to expunge the record becomes the plaintiff in the case. A qualified criminal attorney can guide you through the process. You can also apply for sealing. This involves limiting access to your criminal records where you were not found guilty or were exonerated of a charge.
What is required for expungement to take place?
Certain requirements should be followed before criminal records can be expunged. These requirements include the following:
- The criminal offense for which you seek expungement should not be serious
- You should not have any pending proceedings related to the case
- Where you were sentenced, you must have fulfilled the sentence in terms of the period and terms
- You must have a few incidents before the incident under review
- There should be no any intervening incident
- You may be charged with a similar incident after the incident in question but should be disposed of without any conviction
- You may be expected to undergo probation. In that case, you should complete the probation without any incident
These eligibility requirements must be met before you can file a civil lawsuit to have your criminal records expunged.
What other charges can be expunged from the criminal records
The Rhode Island laws allow any other criminal charge except that of a crime of violence to be expunged from the criminal records. Examples of crimes of violence include sexual assault, murder, kidnapping, larceny, and robbery. Driving Under Influence (DUI) charges can also be expunged from the records. However, where you have been convicted of multiple DUI charges or various other criminal charges, you are not eligible for expungement.
What is the waiting period?
There is a waiting period between the period when the incident occurred, and the time you can seek expungement in Rhode Island. The waiting period depends on the crime committed.
- Domestic violence crimes take three years waiting period before you can file for expungement
- Felonies can only be expunged after ten years since the completion of the sentence and probation
- You have to wait for five years after completion of a sentence and probation for a misdemeanor
- If you pleaded guilty to a deferred sentence, you have to wait for five years before you are eligible for expungement in Rhode Island. There should not be further charges after the elapse of the deferred sentence
If you have charges you would like to get expunged, call Rhode Island Criminal Defense Attorney Rory Munns today at 401-229-5544.