What post-conviction relief is
Post-conviction relief is in chapter 10-9.1 of the General Laws. It is open to anyone who has been convicted of, or sentenced for, a crime, a violation of law, or a violation of probation or deferred sentence status.
It is a challenge to the conviction or the sentence itself. The person filing has to claim one of the grounds the statute lists:
- the conviction or sentence violated the United States Constitution or the constitution or laws of Rhode Island;
- the court had no jurisdiction to impose the sentence;
- the sentence is longer than the law allows, or otherwise not a sentence the law authorizes;
- there is evidence of material facts, never presented and heard, that requires the conviction or sentence to be vacated in the interest of justice;
- the sentence has expired, probation, parole or conditional release was unlawfully revoked, or the person is otherwise unlawfully held in custody or restraint; or
- the conviction or sentence is open to collateral attack on any ground that was available under an earlier writ, motion or other remedy.
The statute says it takes the place of all the other remedies that were once available for challenging the validity of a conviction or sentence. It does not replace a direct appeal.
How a post-conviction case works
It is brought in the court where the conviction was entered. If the District Court denies it, the denial may be appealed to the Superior Court within twenty days.
It starts with an application, verified by the person filing, that identifies the case, the date of the judgment and sentence, the grounds, and the relief asked for. Supporting affidavits, records or other evidence are attached, or the application says why they are not. It must also list every earlier attempt to get relief from the conviction or sentence. The statute says the application may be filed at any time, and there is no filing fee.
An applicant who cannot afford a lawyer is entitled to the Public Defender, or to a lawyer the court assigns if the Public Defender cannot take it.
Every ground available when the case is filed has to be raised in it. A ground that was decided, left out or knowingly given up cannot be the basis for a later application, unless the court finds the interest of justice requires it.
If the court rules for the applicant, it enters an order on the conviction or sentence and any further orders needed, such as rearraignment, a new trial, release, or a corrected sentence. The court has to make findings of fact and conclusions of law on each issue. Review of the final judgment is by petition for certiorari to the Supreme Court within sixty days.
What expungement is
Expungement is in chapter 12-1.3. It does not claim anything was wrong with the conviction. Its conditions are about your record and how much time has passed, and they differ by path: one conviction, several misdemeanors, two to four felonies, a deferred sentence.
Being eligible is not the end of it. The court may order the expungement in its discretion, and only if it finds good character, that rehabilitation has been attained to the court's satisfaction, and that the order is consistent with the public interest.
An expungement seals the records and removes them from active files. It releases you from all penalties and disabilities resulting from the crime, except that an expunged conviction may be considered in sentencing for a later crime. There is no court filing fee.
The difference, side by side
| Post-conviction relief | Expungement | |
|---|---|---|
| The question | Was the conviction or sentence lawful? | Does the record qualify, and has enough time passed? |
| When | Any time | After the waiting period the statute sets for your path |
| What the court can do | Enter an order on the conviction or sentence, such as a new trial or a corrected sentence | Seal the records and remove them from active files |
| Filing fee | None | None |
| Law | ch. 10-9.1 | ch. 12-1.3 |
Which one fits a case depends on that case. The eligibility checker walks through the expungement paths. Whether a conviction has a post-conviction claim is a question for a lawyer who has read the file.
The law behind this page
- Who may apply for post-conviction relief, the grounds, and its relation to other remedies: R.I. Gen. Laws § 10-9.1-1.
- The court where it is filed, and appeal from a District Court denial: § 10-9.1-2.
- Filing at any time, verification, no filing fee: § 10-9.1-3. What the application contains: § 10-9.1-4.
- Counsel for an applicant who cannot afford one: § 10-9.1-5.
- Hearing, findings and orders: § 10-9.1-7. Grounds not raised: § 10-9.1-8. Review by certiorari: § 10-9.1-9.
- The expungement chapter and its paths: ch. 12-1.3, § 12-1.3-2. The court's discretion and findings: § 12-1.3-3(b)(1).
- Expungement defined: § 12-1.3-1(2). Effect of expungement: § 12-1.3-4(a).
- Chapter 10-9.1 read in the General Laws, and all 2026 public laws searched, on November 2, 2026.
