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Completed a deferred sentence? There is no waiting period

R.I.G.L. § 12-1.3-2(f) · § 12-19-19(c) · § 12-1.3-3(b)(1)(ii)

The deferred sentence path is the fastest route through Chapter 12-1.3, and it does not make you wait five or ten years for anything.

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How it works

§ 12-1.3-2(f) allows a motion for expungement of records relating to a deferred sentence "upon its completion," expressly "without regard to subsections (a) through (c)" — which is where the first-offender requirement and the five-year wait live.

§ 12-19-19(c) supplies the mechanism: once the court determines after a hearing that you complied with all the terms and conditions of the deferral agreement, you "shall become immediately eligible for consideration for expungement."

What compliance means

Both § 12-19-19(c) and § 12-1.3-3(b)(1)(ii) spell it out: all the terms and conditions of the deferral agreement, "including, but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and restitution to victims of crime."

The court must also find there are no criminal proceedings pending against you and that you have established good moral character.

The one absolute bar

§ 12-1.3-3(b)(1)(ii) ends with it: "no person who has been convicted of a crime of violence shall have their records relating to a deferred sentence expunged." That is a defined statutory list, and it is worth reading before assuming it covers your charge.

A note on the deferral period

Under § 12-19-19(a), when a Superior Court formally defers sentence, you and the court enter a written deferral agreement filed with the clerk, and the court may impose sentence only up to five years from the date of that agreement unless you are found to have violated its terms.

Common questions

Do I have to wait five years after a deferred sentence?

No. § 12-1.3-2(f) applies without regard to the waiting-period subsections. You become eligible for consideration on completion.

Does a deferred sentence count as a conviction against me later?

Whether a prior disposition affects first-offender status is a question about how it was entered — and note that § 12-1.3-1(3) disqualifies someone previously convicted of or placed on probation for a felony or misdemeanor.

What if I did not finish paying restitution?

Payment in full of court-ordered fines, fees, costs, assessments and restitution to victims is part of what the court must find before you become eligible.

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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Two minutes, and you will know 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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