Expungement is a legal process that erases or seals a criminal record within the court system. When a record is expunged, all information about a person's offense is removed from their record, making it as if the crime never occurred. This is a critical step for individuals looking to move forward without the burden of their past mistakes.
Criminal records can significantly affect various aspects of a person's life. A criminal record can hinder employment opportunities, housing prospects, eligibility for government benefits, and other life opportunities. Clearing one's record through expungement offers individuals a second chance, allowing them to overcome these hurdles and lead a more promising life.
Seeking the assistance of a defense attorney is crucial when pursuing record clearing through expungement. Experienced attorneys are well-versed in the eligibility criteria and the intricacies of the legal process. They are vital in guiding individuals through expungement, helping them prepare and submit the necessary forms, and ensuring that all steps are followed correctly.
Call The Law Office of Thomas C. Thomasian, Esq. at (401) 312-4385 or submit an online contact form to take the first step toward a fresh start in Rhode Island.
Eligibility Criteria for Expungement
A person's criminal record contains information about any criminal matter, whether it resulted in an arrest, a charge (including case dismissals), or a conviction. These records are maintained as part of the legal system's documentation. An expungement is a way to remove these blemishes.
However, not all criminal records can be cleared. Only specific offenses meeting certain criteria qualify for expungement. Various factors are considered to determine eligibility.
Below are the criteria for expungement as outlined in R.I. Gen. Laws § 12-1.3-2:
- First-time offenders can petition for an expungement of a felony or a misdemeanor.
- Persons with one to six misdemeanors and no felonies may also be eligible, but certain offenses, like DUI and refusal to submit to a chemical test, do not qualify for expungement.
In all cases, one crucial requirement is satisfying court-ordered fees, fines, costs, assessments, charges, and other monetary obligations related to the conviction. Additionally, when requesting expungement, there should be no pending criminal proceedings against the individual.
While an individual may meet these eligibility criteria, the judge has discretion when deciding whether to grant or deny the expungement request. The judge must also consider factors like the defendant's moral character, rehabilitation efforts, and whether granting the expungement aligns with the public interest.
Waiting Periods for Different Convictions
The waiting periods for expungement eligibility vary based on the type of conviction.
A person can submit a motion as follows:
- For a misdemeanor, an individual can typically file for expungement five years after completing their sentence.
- For a felony, the waiting period is usually ten years after completing the sentence.
- If a defendant received a deferred sentence, they can apply for expungement immediately after completing it.
- In cases of multiple misdemeanors, individuals generally must wait ten years after completing their last sentence before becoming eligible to motion for expungement.
The Expungement Process
The expungement process is a structured legal procedure that can offer a fresh start to those who qualify. Those seeking relief must follow several steps, from gathering their criminal record to attending a hearing.
Obtain the Criminal Record
To initiate the expungement process, the individual must obtain their criminal record from the Rhode Island Bureau of Criminal Identification and Investigation (BCI). This record will contain all the information needed to determine eligibility for expungement.
Eligibility Assessment
The individual must review their criminal record carefully to assess their eligibility for expungement. They must ensure that they meet the criteria mentioned earlier, including factors such as being a first-time offender of a non-violent crime or satisfying any outstanding financial obligations related to their conviction.
File a Motion with the Court
If eligible for expungement, the next step is to file a motion with the court having jurisdiction over the case. This motion is a formal request to the court to clear the criminal record. The court will require specific documentation and forms to be submitted along with the petition.
Notify Relevant Authorities
Copies of the expungement motion must be served on the Department of the Attorney General and the police department that initially brought the case. This notification ensures that all relevant parties know the expungement request and can participate.
Attend a Hearing
In many expungement cases, a hearing may be required. During the hearing, the judge will consider the request and evaluate whether it aligns with the eligibility criteria and the public interest. The individual may need to present their case and provide evidence to support their request.
It's important to follow each step carefully and adhere to the specific requirements outlined by the court. Seeking legal assistance from experienced attorneys can be highly beneficial in navigating this process effectively.
Benefits of Expungement
Expungement holds significant advantages for individuals seeking to clear their criminal records.
Here are the effects of expungement per R.I. Gen. Laws § 12-1.3-4:
- Release from penalties and disabilities: One of the foremost benefits of expungement is that it allows individuals to be released from the penalties and disabilities associated with the expunged crime. This means that, in the eyes of the law, the conviction essentially never happened.
- Returned status: After a successful expungement, individuals are legally permitted to state on applications for employment, licenses, or other privileges that they have never been convicted of the expunged crime. This can be a pivotal advantage when pursuing various opportunities in life. However, it's important to note that some specific applications, such as those for law enforcement, bar admissions, or teaching certificates, may still require disclosure of expunged records.
- Confidentiality of expunged records: Expunged records are afforded high confidentiality. In most cases, the court is prohibited from disclosing these expunged records, ensuring that the individual's past convictions remain private. Special circumstances would be required for the court to consider disclosure.
Additionally, expungements can improve job prospects and housing opportunities. Many employers and landlords conduct background checks, and a clean record can enhance one's chances of securing employment or housing. It eliminates potential barriers that a criminal record may pose.
Seeking Legal Assistance
An attorney can thoroughly assess your eligibility for expungement. They can review your case, criminal record, and any relevant factors to determine if you meet the necessary criteria. This assessment is crucial as it saves time and resources by avoiding unnecessary expungement attempts that may not succeed.
Attorneys are crucial in preparing and submitting the required forms and documentation. They can ensure that all paperwork is accurate, complete, and submitted within the specified timelines, minimizing the risk of procedural errors that could jeopardize your expungement request.
In cases where a hearing is necessary, an attorney can provide representation in court. They can advocate on your behalf, present your case persuasively, and address potential challenges or objections during the process.
If you’re ready to seek to clear your criminal record in Rhode Island and pursue new opportunities, contact The Law Office of Thomas C. Thomasian, Esq. at (401) 312-4385.