What is an Expungement
A first time offender with a prior criminal conviction can request the records for their crime to be sealed. This is called an expungement. An expungement causes the records to be unavailable via state and Federal repositories. This is also sometimes called an expunction. Having an arrest or conviction expunged from your record is a complex legal matter. This is best left to an experienced Rhode Island Expungement Attorney. We repeat this is something you should not attempt to handle yourself without thorough legal training.
Rhode Island Expungement Attorney Chad F Bank
Use a professional like Rhode Island Expungement Attorney Chad F Bank. Our expert legal team has handled many expungement cases and is well versed in the legal filing requirements. We understand how these cases work and will do our best to get you the results that you need in your case. With an expunged record it will be much easier to get a job or purchase a home.
For more information about expungement you should refer to the Rhode Island General Laws as they are the official guidelines. If you would like to begin the process contact the Law Office of Chad F Bank today for a free consultation at 401-573-2265.
Expungement Rules
Misdemeanor Convictions
Section 12-1.3-2(b) a person may file a motion for the expungement of records relating to a misdemeanor conviction after five years from the date of the completion of his or her sentence.
Felony Convictions
Section 12-1.3-2(c) - a person may file a motion for the expungement of records relating to a felony conviction after ten years from the date of the completion of his or her sentence.
Because of the large amount of crimes that are able to be expunged we recommend scheduling a consultation with a Rhode Island Expungement Attorney. This will ensure that you know you are taking the best steps towards your goal. At the Law Office of Chad F Bank we are available any time to discuss your case. We will assist you every step of the way in the process. We also promise to make sure that you are kept in full communication from start to finish.
If you would like to explore your options for expungement contact Rhode Island Expungement Attorney Chad F Bank. An experienced Rhode Island Expungement Attorney will conduct a free consultation to evaluate your case. Call 401-573-2265 to schedule your free consultation today.
Expungement in Rhode Island - Attorney Chad F Bank
If you have been arrested for a crime your criminal record may be weighing you down for future endeavors. With the help of the Law Office of Chad F Bank you can get your coveted chance to start over. If you are a first-time offender who was not convicted of a violent crime you are eligible to get an expungement in Rhode Island. At the law office of Chad F Bank we are at your disposal 24 hours a day and will work tirelessly to get you through the process of getting an expungement. In Rhode Island there are no law offices with more experience in dealing with the expungement process. We are dedicated to making this process as smooth and simple as possible.
What is an expungement in Rhode Island
An expungement is a legal procedure that allows eligible individuals the chance to have their records relating to their criminal charges removed from both public records and those of law enforcement agencies. In order to be eligible to be granted an expungement in Rhode Island, you must be a first-time offender who was not convicted of a violent crime along with having waited out their required time to begin their expungement process. Once your expungement in Rhode Island has been processed and granted, you will be able to publicly state that you have never been convicted of the crime that you expunged.
What is the expungement process?
In order to begin the process of getting an expungement in Rhode Island you will first need to go to the clerk's office in which the charge was originally filed. There you can file to get an expungement. Then you will need to mail a copy of the Motion to Expunge to the arresting police department and the Attorney General's Office. You will follow that up by showing up to your court date that is assigned to you by the clerk's office. If it is granted at the court date, you will be required to pay $100.00 for the expungement order. Lastly, you will mail a copy of your order to the Attorney General's Office and arresting police department where they will review your file and subsequently remove the charge from your record.
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Expungement Under R.I.G.L. § 12-1.3-2
Rhode Island's expungement statute lives at R.I.G.L. § 12-1.3-2. The section creates several separate pathways for a person to petition the court to seal a criminal record. Which pathway applies depends on:
- Whether the conviction is a felony or a misdemeanor
- Whether the person has one prior conviction or multiple
- Whether the underlying charge is classified as a crime of violence
- Whether the sentence has been fully completed
- Whether the offense has since been decriminalized
A Rhode Island expungement lawyer reads the exact charge and the sentencing paperwork before recommending which pathway to file under.
First-Offender Misdemeanor Waiting Period
Under § 12-1.3-2(b), a first offender with a misdemeanor conviction can file a motion to expunge five years after completing the sentence. Completing the sentence means all incarceration is served, all probation is closed, and all court-imposed fees, fines, and costs are paid or waived. The five-year clock does not start until every part of the sentence is finished.
First-Offender Felony Waiting Period
Under § 12-1.3-2(c), a first offender with a felony conviction can file 10 years after completing the sentence. Crimes of violence are excluded from this pathway. The 10-year clock runs the same way as the misdemeanor version: from the day the last piece of the sentence is finished.
Multiple Misdemeanor Expungement Track
A person with two to five misdemeanor convictions, no felonies, and no domestic violence, DUI, or chemical test refusal convictions can file for expungement 10 years after completion of the last sentence. This is a separate pathway from the first-offender track. It has a shorter list of eligible offenses because domestic violence, DUI, and refusal charges are carved out.
Deferred Sentences and Immediate Eligibility
Rhode Island allows expungement immediately upon completion of a deferred sentence. A deferred sentence means the court held off entering a judgment of conviction while the defendant completed conditions. If those conditions were met and the case was dismissed, the expungement clock does not have to run. A Rhode Island expungement lawyer confirms the deferred status before filing.
Automatic Cannabis Expungement
Rhode Island passed automatic expungement for possession-level marijuana convictions after the state's adult-use cannabis law took effect. R.I.G.L. § 12-1.3-5 required all qualifying marijuana possession records to be expunged by July 1, 2024. No motion. No filing fee. No waiting period. If a criminal record still shows a qualifying marijuana possession conviction, the person can request an expedited manual expungement.
Crimes That Cannot Be Expunged
The Rhode Island expungement statute excludes:
- Crimes of violence, on the first-offender track
- Domestic violence convictions, on the multiple-misdemeanor track
- DUI convictions, on the multiple-misdemeanor track
- Chemical test refusal convictions, on the multiple-misdemeanor track
The list of crimes of violence is defined by statute and case law. A Rhode Island expungement lawyer checks that list line by line because a wrong classification blocks the petition at the courthouse door.
Expungement vs Sealing: The Difference
Rhode Island treats expungement and sealing as two separate procedures. Expungement covers cases that ended in a conviction or in probation. Once granted, the records are sealed from public view and the person may state on most job applications that they were not convicted of the offense. Sealing under R.I.G.L. § 12-1-12 and related sections covers cases that ended in:
- Dismissal
- A "no true bill" from a grand jury
- A "no information" decision by the prosecutor
- A not-guilty finding at trial
Sealing has no waiting period and different eligibility rules. If your case ended without a conviction, sealing is likely the correct remedy rather than expungement.
The Filing Process Step by Step
The Rhode Island expungement process runs through these steps:
- File a Motion to Expunge in the court where the conviction was entered
- Serve the motion on the Rhode Island Attorney General with at least 10 days' notice
- Serve the motion on the arresting police department
- Attend the scheduled hearing before a judge
- Pay the $100 expungement order fee if the motion is granted
- Mail a certified copy of the order to the Attorney General and the arresting police department
The Attorney General's office reviews every petition and can object at the hearing. A Rhode Island expungement lawyer handles the notice, the courtroom appearance, and the follow-up mailings.
Financial Obligations Must Be Cleared
Section 12-1.3-2 does not allow the court to grant a Rhode Island expungement while court-imposed monetary obligations remain unpaid. That includes:
- Fines
- Court costs
- Restitution
- Fees for court-ordered programs
The court can reduce or waive these amounts on motion. Anyone considering an expungement should pull the case file first to see what the ledger shows.
2026 Legislative Proposals: S2964, HB7281, SB2983
Rhode Island lawmakers introduced several 2026 bills that would change the expungement framework. None have been enacted into law as of this writing.
- Senate Bill S2964: Introduced March 4, 2026. Restates the current pathways and confirms the five-year misdemeanor and 10-year felony waiting periods.
- House Bill HB7281: Introduced January 23, 2026. Proposes shorter waiting periods, including a three-year misdemeanor wait and a five-year felony wait. Held for further study by the House committee as of April 2, 2026.
- Senate Bill SB2983: Passed the Rhode Island Senate on May 28, 2026, and was referred to the House Judiciary Committee. Runs the waiting period from imposition of sentence rather than completion of sentence for many offenses.
None of these proposals is currently the law. A Rhode Island expungement lawyer tracks the legislative status because a final bill could combine elements of all three or change the eligibility rules entirely.
Automatic Expungement Proposals
Some of the 2026 proposals also floated broader automatic expungement, moving certain qualifying convictions off the record without any motion. Others discussed expanding eligibility to multiple non-violent felony convictions. As of this writing, these proposals remain under legislative review. The current filing-based process at § 12-1.3-2 still governs.
What an Expungement Order Actually Does
A granted expungement order in Rhode Island seals the record from state and federal repositories. The person may lawfully state on most employment applications that they were not convicted of the expunged offense. Certain exceptions still apply:
- Law enforcement agencies may see expunged records
- Courts may consider expunged convictions if the person is later charged with a new offense
- Bar admission and certain professional license applications may still require disclosure
- Federal firearm rights are not automatically restored by state expungement
Understanding the reach of the expungement order is part of the pre-filing conversation with a Rhode Island expungement lawyer.
Why Waiting Periods Get Complicated
The clock on a Rhode Island expungement often causes confusion. Parole, probation, restitution schedules, and unpaid court fees can each extend the completion date. A person who thinks their sentence ended years ago may find, after pulling the file, that a small unpaid balance kept the clock from starting. The safest step is a records check before filing.
How a Rhode Island Expungement Lawyer Helps
A Rhode Island expungement lawyer pulls the case file, confirms eligibility, prepares the motion, serves the required notices, appears at the hearing, and handles the post-order mailings that finalize the seal. Because judges have discretion on discretionary factors, presenting rehabilitation and current circumstances at the hearing matters. Doing this without counsel is possible, but small procedural mistakes can force a refile.
If getting an expungement in Rhode Island is on your radar call us. The Law Office of Chad F Bank is the law office you need. Do not waste your time trying to figure out this tiresome process on your own. At Chad Bank Law we will walk you through the entire procedure of getting an expungement in Rhode Island. This is a task we have helped hundreds of individuals successfully complete. Call us now at 401-573-2265 to help you get started.