Crimes of Violence That Cannot Be Expunged

The list, as the statute writes it

These are the offenses the statute names. This list is generated directly from the checker's own rules, so the two can never disagree.

  • Murder
  • Manslaughter
  • First-degree arson
  • Kidnapping with intent to extort
  • Robbery
  • Larceny from the person
  • First-degree sexual assault
  • Second-degree sexual assault
  • First-degree child molestation
  • Second-degree child molestation
  • Assault with intent to murder
  • Assault with intent to rob
  • Assault with intent to commit first-degree sexual assault
  • Burglary
  • Entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny

If your conviction is not on this list, the crime-of-violence bar does not apply to you.

Crimes of violence in Rhode Island: a closed list

The list is closed and specific. A charge that sounds violent is not necessarily on it, and a charge that does not sound violent may be. Burglary, for instance, is a crime of violence for expungement, while several common assault offenses are not named at all.

Since June 2026 there is also a second list — "other prohibited offenses" — which is not the same thing. A conviction on it closes the multiple-felony path, and on the multiple-misdemeanor path a felony that is on it closes that path too. Being clear of one list does not mean you are clear of the other. The multiple-felony page sets out what is on it.

If your offense is on neither list, this bar does not apply to you, whatever anyone has told you.

If you are not sure how your offense was actually classified, that is worth an hour of a lawyer's time before you accept that nothing can be done. Misclassification blocks petitions that should succeed.

Where the crime-of-violence bar applies

On the first-offender path, the law says "no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged."

The same bar applies to deferred sentences: "no person who has been convicted of a crime of violence shall have their records relating to a deferred sentence expunged."

Where it does not apply: marijuana and sealing

Marijuana expungement is the notable exception. That law grants relief "notwithstanding the existence of" prior arrests, convictions or civil adjudications, "including convictions for crimes of violence." A crime of violence in your past does not block a cannabis expungement.

Sealing is also different. If the case you want cleared was dismissed or ended in a not-guilty verdict, the expungement law and its violence bar are not what govern it.

If you are barred: a pardon

A pardon remains available. It is granted by the governor with the advice and consent of the Senate.

It is rare, and it is a different process with a different audience, but it is real and the expungement law does not foreclose it.

The law behind this page

  • The crimes-of-violence list: R.I. Gen. Laws § 12-1.3-1(1).
  • Other prohibited offenses: § 12-1.3-1(6).
  • The bar on the first-offender path: § 12-1.3-2(a).
  • The bar on deferred sentences: § 12-1.3-3(b)(1)(ii).
  • Marijuana expungement despite a crime of violence: § 12-1.3-5(g).
  • Sealing: § 12-1-12.1.
  • Assault with a dangerous weapon in a dwelling house: § 11-5-4.
  • The 2024 amendment that added only hyphens: P.L. 2024, ch. 386.
  • Pardons: R.I. Const. art. IX, § 13.

Common questions

Is assault with a dangerous weapon a crime of violence for expungement?

It is not named in the crimes-of-violence list. But one form of it — assault with a dangerous weapon in a dwelling house — is on the separate "other prohibited offenses" list, and a conviction for it closes both the multiple-felony and the multiple-misdemeanor paths. Whether a particular charge falls within a listed offense is a legal question worth checking rather than assuming.

Was the list changed recently?

Not the list itself. A 2024 amendment only added hyphens; no offense was added or removed. The June 2026 act left the list alone and added a separate list of "other prohibited offenses," which older summaries of Rhode Island law will be missing.

Does a crime of violence block sealing a dismissed case?

No. Sealing applies to cases that did not end in conviction and does not turn on this definition.

Who reviews it
Thomas C. Thomasian, Esq., Rhode Island criminal defense attorney

Thomas C. Thomasian, Esq.

Founding attorney · Providence, Rhode Island

Admitted to the Rhode Island bar in 2007. He began as an attorney for the Public Defender's Office, and criminal defense has been his only practice area since — in every district and superior criminal court in Rhode Island.

The firm drafts, files, and argues the motion for you. Attorney Thomasian appears in court on your behalf, so you don't have to.

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See where you stand

Every answer names the statute it comes from. If you appear eligible, you can send your answers to a Rhode Island expungement attorney at the end — the same questions, no second form.

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