Thomas C. Thomasian
55 Pine St FL 2
Phone: (401) 312-4385
John E. MacDonald
1 Turks Head Pl Suite 1440
Phone: (401) 421-1440
Ellison Law
225 Dyer St 2nd Floor
Phone: (401) 230-5520
Robert H. Humphrey
8 Puncatest Neck Rd
Phone: (401) 441-5486
Kevin Hagan
117 Bellevue Ave Unit 200D
Phone: (401) 619-0477
Manosh Payette
101 Dyer St Suite 2D
Phone: (401) 854-7794
Chad F. Bank
127 Dorrance St
Phone: (401) 573-2265
S. Joshua Macktaz
1000 Chapel View Blvd Suite 260
Phone: (401) 861-1155
Jason Knight
1 Turks Head Place Suite 1440
Phone: (401) 681-3590
Daniel Griffin
865 Reservoir Ave
Phone: (401) 944-1700
John L. Calcagni III
72 Clifford St #300
Phone: (401) 351-5100
Matthew L. LaMountain
33 College Hill Rd #20
Phone: (401) 699-8601
Biafore Law
253 Main St
Phone: (401) 885-0400
Ronald C. Desnoyers
838 Reservoir Ave
Phone: (401) 789-4600
Michael C. Judge
2220 Plainfield Pike Suite 217
Phone: (401) 578-4951
Craig Hein Law
1 Court House St
Phone: (401) 619-7214
Stefanie A. Murphy
6 Wanton Shippee Rd
Phone: (401) 316-9423
Melissa Larsen
1130 Ten Rod Rd STE F203
Phone: (401) 218-0862
Robert B. Mann
1 Turks Head Place Suite 610
Phone: (401) 213-9999
Thomas G. Briody
56 Pine St UNIT 200
Phone: (401) 468-0810
Susan T. Perkins
462 Broadway
Phone: (401) 324-2990
Craig Montecalvo Law
128 Dorrance St
Phone: (401) 868-4848
Rhode Island lets many residents clear old cases through expungement of convictions and sealing of dismissed or not guilty cases. Expungement for convictions is motion based and happens in the court of conviction after required notice to the Attorney General and the charging police department; once granted, the record is removed from public access and agencies are ordered to update files. The state also completed automatic expungement for eligible cannabis possession convictions by July 1, 2024, and some dismissals now seal automatically without a motion.
What is the new expungement law in Rhode Island?
Rhode Island created automatic expungement for eligible marijuana possession convictions and set a deadline of July 1, 2024 for the courts to clear those cases. People could also request faster action with a simple written request. All other convictions still require a motion in the court of conviction with notice to the Attorney General and the charging police department.
How long does a felony stay on your record in Rhode Island?
It stays until a court grants relief. Rhode Island does not remove felony convictions on a clock except for very narrow categories like decriminalized marijuana. If you qualify and the judge grants your motion, the record is taken out of public view and agencies are ordered to update their files.
How far back do background checks go in Rhode Island?
A state BCI check can report your entire Rhode Island history unless a case is sealed or expunged. Private screeners often pull from public court dockets, so cleared cases drop off or show as sealed or dismissed. Expungement and sealing change what the public can see and improves results on most routine checks.
How much is a background check in Rhode Island?
The Attorney General lists a five dollar fee for certain mailed school volunteer checks. Costs for other BCI services can differ based on purpose and method. Always confirm the fee and submission method directly with the Attorney General before you send anything.
What do I need for a Rhode Island background check?
You typically need a completed release form, valid photo identification, and the correct fee. Mail requests must include a notarized form and payment as instructed. In person requests follow the Attorney General’s posted rules for identification and payment.
What is the most thorough background check?
Fingerprint based checks that search state and federal databases are the most comprehensive. Name based commercial checks are faster but can miss sealed status changes and older entries. Employers that need maximum detail usually ask for fingerprints under a statute or licensing rule.
What makes a background check take so long?
Manual searches, fingerprint processing, and matching records to similar names slow everything down. Out of state cases and old paper files add delay because agencies must pull archived material. Errors in your forms or missing ID also push the request to the back of the line.
Do I need a lawyer for expungement in Rhode Island?
No. The Judiciary publishes forms and basic instructions, and many people file on their own. That said, a lawyer helps you confirm eligibility, prepare clean filings, and handle objections at the hearing so the order issues without avoidable problems.
Where do I file an expungement and who gets notice?
File the motion in the court where the conviction happened. The court sets a hearing date and you must give at least ten days notice to the Attorney General and the police department that charged the case. The clerk will stamp your hearing date, and you are responsible for proving notice before the judge hears it.
What is the difference between expungement and sealing in Rhode Island?
Expungement applies to convictions and removes them from public view while allowing limited law enforcement access for defined purposes. Sealing covers non convictions like dismissals or not guilty findings and many of those now seal automatically by operation of law. Both routes take the case out of routine public searches, but the legal triggers and procedures differ.
Who can still see an expunged record in Rhode Island?
Courts, prosecutors, and police can access expunged information for limited uses set by statute. An expunged conviction can also count as a prior in future sentencing if a new offense occurs. For regular employment and housing checks, the record should not appear in public sources after the order takes effect.
How long does an expungement take in Rhode Island?
There is no fixed timeline. You need to secure a hearing date and serve notice at least ten days in advance, then wait for the court’s calendar and for agencies to process the judge’s order. Clean filings, proof that all financial obligations are paid, and complete service help shorten the process.
Can dismissed or not guilty cases be sealed automatically?
Many dismissals now seal automatically by operation of law without a separate motion. Older dismissals may require a simple administrative request to the clerk to trigger the sealing process. Acquittals and other exonerations also qualify for sealing as spelled out in the statute and Judiciary guidance.
Can cannabis possession convictions be expunged automatically?
Yes. The courts were ordered to automatically expunge eligible possession only convictions, with a final deadline of July 1, 2024. People who wanted faster relief could file a brief request and the Judiciary published process updates as the work rolled out.
What forms do I need to expunge or seal a record?
Use the Judiciary’s expungement and sealing forms for the correct court level. The forms package includes the motion, affidavit, and instructions. Always download the most recent version so you comply with current formatting and service rules.
Does expungement let me answer “no” to conviction questions?
For most private jobs and housing, yes, because the conviction is no longer public. Some roles and licenses still require disclosure and agencies can view the record under the law. Keep a certified copy of your order so you can handle follow up requests correctly.
What crimes are excluded from expungement?
Rhode Island law limits relief for crimes of violence and other listed offenses. The court also checks that you finished your sentence and paid all monetary obligations unless the judge waives amounts by order. Read the statute before you file so you do not sink time into an ineligible case.
What is the waiting period to seek expungement?
Waiting periods apply and they run from completion of the sentence, including probation and payment of financial obligations. The length depends on the case type and your record. The judge must also find that you have stayed out of trouble and that clearing the record serves the interests of justice.
What is the next step after a background check?
If the check shows old cases that should have been cleared, gather your court orders and contact the reporting party to correct the file. If a case is eligible but not cleared, prepare the proper motion or use the Attorney General’s clinic to get started. Keep copies of every document so you can show proof to employers or landlords who ask.
What is the most important part of a background check?
Accurate identity matching matters the most. Wrong dates of birth, typos, and similar names generate false positives that can cost you opportunities. Always review your own record so you can dispute errors fast with documents in hand.
What makes an expungement get denied?
Ineligible offenses, unpaid restitution or fines, and new arrests during the wait period are common blockers. Bad service on the Attorney General or police can also sink a hearing. Fix the procedural issues, resolve balances, and refile with clean proofs if you still qualify.
Official Sources
- Rhode Island Judiciary — Expungement and Sealing Information
- Rhode Island Judiciary — Expungement and Sealing Forms
- R.I. Gen. Laws Chapter 12-1.3 — Expungement of Criminal Records
- R.I. Gen. Laws § 12-1.3-3 — Notice, Hearing, Criteria
- R.I. Gen. Laws § 12-1.3-5 — Marijuana Record Expungement
- R.I. Gen. Laws § 12-1-12.1 — Sealing of Non-Conviction Records
- Rhode Island Attorney General — Expungement Information
- Rhode Island Attorney General — Get a Background Check
- Rhode Island Judiciary — Marijuana Expungement Process Update
- Rhode Island Legislature — Adult-Use Cannabis Law and Automatic Expungement