The crimes of violence that bar expungement — the actual list

R.I.G.L. § 12-1.3-1(1), as amended by P.L. 2024, ch. 386 and ch. 387

Chapter 12-1.3 bars expungement of a crime of violence outright, with no waiting period that fixes it. But "crime of violence" here is a defined statutory term, not a general description, and people are talked out of filing every day over convictions that are not on the list.

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The list, as the statute writes it

These are the offenses named in § 12-1.3-1(1). 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.

Why the exact wording matters

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 this chapter, while several common assault offenses are not named at all.

Since June 2026 there is also a second list — "other prohibited offenses" under § 12-1.3-1(6) — which is not the same thing and closes the two multiple-conviction paths. 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 conviction is on neither list, this bar does not apply to you, whatever anyone has told you. If you are not sure how your conviction 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 bar applies

§ 12-1.3-2(a) provides that "no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged." It applies to the first-offender path.

§ 12-1.3-3(b)(1)(ii) applies the same bar 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

The marijuana expungement statute is the notable exception. § 12-1.3-5(g) grants relief "notwithstanding the existence of" prior arrests, convictions or civil adjudications "including convictions for crimes of violence as defined by § 12-1.3-1." A crime of violence in your past does not block a cannabis expungement.

Sealing is also different. If the case you want cleared ended without a conviction, Chapter 12-1.3 and its violence bar are not the statutes that govern it.

If you are genuinely barred

A gubernatorial pardon remains available. It is rare, and it is a different process with a different audience, but it is real and it is not foreclosed by this chapter.

Common questions

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

It is not named in the § 12-1.3-1(1) list. Whether a particular conviction falls within one of the listed offenses is a legal question about how that charge was classified, and it is worth checking rather than assuming.

Was the list changed recently?

Yes. § 12-1.3-1(1) was amended by P.L. 2024, ch. 386 and ch. 387, effective June 26, 2024. Older summaries of Rhode Island law may not reflect the current list.

Does a crime of violence block sealing a dismissed case?

No. Sealing under § 12-1-12.1 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

Nearly twenty years defending criminal cases in Rhode Island — District Court, Superior Court and the Traffic Tribunal. Expungement is the part of the work where somebody gets their life back rather than just avoiding something worse.

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