Felony and misdemeanor dismissals should be expunged in Rhode Island. Any RI criminal records of alleged criminal activity are deleterious records! Expungement is the process in Rhode Island that allows pesky RI criminal records to be either destroyed or sealed. Expungement in RI erases harmful records for nearly all purposes. The public can view your criminal record in Rhode Island and Providence Plantations by visiting: courtconnect ri
Expunge dismissed criminal cases so people cannot find on courtconnect ri
You cannot expunge a dismissal or not guilty finding without filing a motion and without a brief court hearing. People often ask: “If the case was dismissed why should I get it expunged?” The answer is simple. A dismissed or not guilty case still stays on your official bci record and NCIC record as well as on your unofficial record at https://publicportal.courts.ri.gov/PublicPortal/Home/Dashboard/29!
A negative criminal record (ri criminal records) could affect your ability to find employment, obtain a promotion or may harm your reputation, socially. A not guilty finding occurs after a judge or jury determines that you are not guilty after a trial. Cases in which there was no information should also be expunged.
Stop people from fishing for your old records
Nobody wants their friends, colleagues or others fishing around looking into old police reports and records at courtconnect ri when the case was dismissed. In Rhode Island all criminal records can be viewed by the general public at courtconnect ri People tend to 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. It is very easy to find a persons criminal record at courtconnect ri.
If it was a domestic case (such as domestic assault, domestic vandalism or domestic disorderly conduct) which was dismissed then people 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 actually 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.
RI criminal records
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 there is another domestic incident / allegation, 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. If these records are not erased, the public can find the record at Courtconnect RI.
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. There are also expungement rules for one year filings. RI criminal records 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.
12-1.3-2. Motion for expungement.
(a) 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; and provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.
(b) Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a motion in the court in which the convictions took place; provided that convictions for offenses under chapter 29 of title 12, §§ 31-27-2 or 31-27-2.1 are not eligible for and may not be expunged under this subsection.
(c) Subject to subsection (a), 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.
(d) Subject to subsection (a), 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.
(e) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this section, a person may file a motion for the expungement of records relating to a deferred sentence upon its completion, after which the court will hold a hearing on the motion.
(f) Subject to subsection (b) of this section, a person may file a motion for the expungement of records relating to misdemeanor convictions after ten (10) years from the date of the completion of their last sentence.
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.