The new provision applies retroactively to convictions that predate its enactment. Domestic violence and DUI convictions may not be expunged under this new provision. Individuals convicted of a felony at any time are ineligible under this new provision, as are those with pending charges. In September of 2017, expungement eligibility for misdemeanors was expanded to include individuals with between 2 and 6 convictions, who may petition to expunge those convictions after 10 arrest-free years. § 12-1.3-3(b)(1) and demonstrated rehabilitation. In addition, all outstanding court-imposed fees, fines, and any other monetary obligations must have been paid, unless waived by order of the court. First offender expungement is unavailable to persons convicted of specified serious violent offenses. The definition has been interpreted strictly to extend only to “a single” conviction, so that any prior or subsequent conviction is disqualifying. “First offender” is defined as “a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.” § 12-1.3-1(3). Waiting periods begin upon completion of sentence. Individuals with between 2 and 6 misdemeanor convictions may petition to expunge after 10 arrest-free years (see below). “First offenders” may petition for expungement of the record of conviction after 10 arrest-free years (for felonies) or 5 arrest-free years (for misdemeanors). Sealing and expungement have been held to be functionally identical. It also provides additional authority for expunging other deferred dispositions as well as decriminalized offenses, and for sealing non-conviction and juvenile records. Laws § 12-1.3-2: 1) “first offenders,” defined as those with a single felony or misdemeanor conviction 2) those with between two and six misdemeanor convictions and 3) those who successfully completed deferred sentences. Rhode Island law provides for three distinct types of expungement pursuant to R.I.
Expungement, sealing & other record relief (Requirement of going to legislature for consent evidently discourages exercise of power.) Source: Office of the Governor. No pardon to a living person 2 has been issued in more than a decade, which may explain the fact that there are only a handful of applicants each year. There is no express eligibility requirement – the process is unstructured and petitioners must comply with “any rules and regulations respecting filing and hearing that may from time to time prescribe.” See R.I. According to the Office of the Governor, a pardon restores ones right to hold public office and lifts occupational and licensing bars.
Power vested in governor, “by and with the advice and consent of the senate,” except in cases of impeachment. Firearms also may not be possessed by a person convicted of specified crimes involving domestic violence “unless and until that person’s matter has been expunged, or upon the completion of the sentence of a one-year filing, or the end of a one-year probationary period that no longer constitutes a conviction pursuant to § 12-18-3.” § 11-47-5(a)(3)-(5). FirearmsĪ person convicted of a “crime of violence” is prohibited from possessing any firearm, including those sentenced to community confinement or electronic surveillance, with no relief specified. Juvenile adjudications do not “impose any of the civil disabilities ordinarily resulting from a conviction.” R.I. The right is automatically restored three years after completion of sentence or earlier by pardon. A person is disqualified from public office if convicted of a felony, or a misdemeanor resulting in a jail sentence of six months or more, either suspended or to be served. Jury & public officeĪ person convicted of a felony “shall not be allowed” to serve as a juror until completion of sentence.
1 The department of corrections acts as a voter registration agency with certain duties as part of the release from prison. Upon discharge, such person’s right to vote shall be restored.” R.I. Rhode Island Constitution provides that “No person who is incarcerated in a correctional facility upon a felony conviction shall be permitted to vote until such person is discharged from the facility. Loss & restoration of civil/firearms rights A. Criminal record in employment & licensing Expungement of other deferred dispositions Deferred sentences (deferred adjudication) Loss & restoration of civil/firearms rights