What happens when a filing ends
The law says it in two sentences: "If no action is taken on the complaint during the period of filing, the complaint shall be automatically expunged. No criminal record shall result."
One caveat in the same law: in a civil lawsuit for a tort, a plea of guilty or a finding of guilty can still be used as evidence, even though the complaint was filed.
How long a filing lasts in Rhode Island
Not necessarily a year, though a year is common. The length is up to the court, except that "in no event shall it be longer than the maximum jail sentence allowed by law" for the offense.
The conditions matter too. During the filing period you must keep the peace, be of good behavior, and have paid all outstanding court-imposed fees, fines, costs, assessments and other money you owe the court, unless the court reduced or waived them. A violation can bring the case back.
Domestic violence filings: the three-year rule
This is the exception that catches people. The court must keep the records of a domestic violence filing for three years from the date of filing, and they "shall not be expunged or sealed" during that time.
After three years, if you were not charged with another crime involving domestic violence — or if you were charged, you were acquitted or it was dismissed — all records relating to the filed complaint are expunged without the requirement of filing a motion.
So a domestic filing does clear automatically. It just takes three years rather than the filing period.
Which cases can be filed
A judge can place any complaint in a criminal case on file except a complaint for a felony, a complaint against a person who has been convicted of a felony, or a private complaint.
The law behind this page
- Automatic expungement when no action is taken during the filing period, and the tort-case caveat: R.I. Gen. Laws § 12-10-12(c).
- Which cases can be filed, and the limit on the filing's length: § 12-10-12(a).
- The conditions during the filing period: § 12-10-12(b).
- The three-year hold on domestic violence filings: § 12-1-12.1(c).
- Domestic violence filings expunged after three years without a motion: § 12-10-12(d).
