What is the Expungement Process?
A Motion for Expungement must be filed in the Court system. There are several limitations on an individual’s ability to expunge a record of conviction. First, there is a five year waiting period for misdemeanor convictions and a ten year waiting period for felony convictions. 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 (5) 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 (10) years from the date of the completion of his or her sentence.” Limited to “First Offenders” Rhode Island Expungement law also limits the ability to expunge criminal records to those individuals who qualify as “First Offenders.” First time offenders are those who have no other criminal convictions, including probation and suspended sentence, and have
