Dismissed criminal charges in Rhode Island and Providence Plantations should be expunged! Not guilty findings after a judge or jury trial in RI should also be expunged. This includes felony and Criminal Misdemeanor dismissals and not guilty verdicts in Rhode Island. All criminal records are awful records that can hold you back in your future! Expungement in Rhode Island Courts is the judicial process in which criminal records may be either destroyed or sealed.
You cannot seal a dismissal or not guilty finding without filing a motion and without a brief court hearing.
Some people inquire: “If the criminal charges were dismissed then why should I get it expunged?” The answer to this query is very simple. A dismissed or not guilty case remains on your criminal record! A negative criminal record is a black mark on your character and history. Even a not guilty verdict could affect future employment or may negatively damage your reputation.
Seal dismissed cases
A not guilty finding occurs after a judge or jury determines that you are not guilty after a trial. A Rhode Island criminal case in which there was “no information” should also be expunged. Nobody wants their friends, romantic interest, boyfriend, girlfriend, colleagues or others fishing around looking into old police reports and records when the case was dismissed. In Rhode Island, all criminal records can be viewed by the general public at http://courtconnect.courts.state.ri.us People wrongly assume that if you were charged with a crime that you must be a bad apple. People assume that you must have been guilty, even if the case was dismissed! People assume that you must have got off on a technicality.
Expunge domestic records
If it was a domestic case (such as domestic assault, domestic vandalism or domestic disorderly conduct) which was dismissed then people often assume that the case was dismissed because the alleged victim, girlfriend or wife was too afraid to go forward or was financially dependent on you. It is rare that people assume that the case was dismissed because you didn’t do anything, were wrongly accused or were innocent! People have been conditioned to believe that all domestic charges are valid and if the case was dismissed it is part of a larger societal problem of domestic violence victims being too embarrassed or afraid to go forward and testify.
An expungement of dismissals and not guilty findings can also affect how the police will perceive you and treat you in the future. For example, if the police pull over your car they may be more likely to conduct a search if you have a criminal history even if those cases were dismissed. If another domestic incident / allegation occurs, you may be more likely to be arrested because of the negative implications of a dismissal. Potential spouses may review your criminal record before dating. Another reason to expunge a dismissal is because if you are later convicted of a felony you may not be able to expunge the dismissal.
One-year filings should also be expunged at the end of the year
Certain felony and misdemeanor convictions and probationary periods can also be expunged after a waiting period. A felony conviction or probationary period may be expunged after ten years form the end of a sentence, if other legal requirements and prerequisites are met. A misdemeanor conviction or period of probation may be expunged after five (5) years from the end of a sentence if other legal requirements and prerequisites are met.
5 misdemeanor convictions can be expunged 10 years after the misdemeanor sentence is completed but the following offenses or situations are not included in this law:
- Domestic violence offenses
- DUI offenses
- people with a prior felony conviction
Dismissals that were never expunged can come back to haunt someone in a divorce, child custody or family law case. A spouse can seek to use the criminal record of dismissal to get an advantage in a divorce or child custody case in Family Court.
Crimes that have been decriminalized in Rhode Island can be expunged
Rhode Island has decriminalized first and second offense driving on a suspended license. This means that these charges can be expunged. Rhode Island has decriminalized many marijuana possession offenses. This means that am unlimited amount of certain marijuana possession offenses can be expunged.
“US poverty statistics have determined that individuals who have been incarcerated typically live a life of poverty. When an individual acquires a criminal record, they may face difficulties in securing a job. If an individual is faced with difficulties in obtaining a job, they are incapable of providing for themselves and family. Individuals that have a criminal record, it is typically recommended that they expunge or seal the record. In sealing or expunging a criminal record, the individual’s criminal offense will not reflect on a background check”
Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.