Which marijuana records are expunged automatically
It reaches any prior civil violation, misdemeanor or felony conviction for possession only of a marijuana offense that has been decriminalized since the date of conviction. Civil violations count, not just criminal convictions.
Records were to be expunged on a timeline set by the chief justice, and the law required all eligible records to be expunged before July 1, 2024.
Prior record, pending charges and unpaid fines do not block it
Eligible expungements are granted even if you have:
- Prior arrests, convictions or civil adjudications — including convictions for crimes of violence as the expungement law defines them.
- Pending criminal proceedings.
- Outstanding court-imposed fees, fines, costs, assessments or charges — which, on the eligible conviction, "shall be waived."
If a marijuana conviction still shows on your record
The law says the chief justice "may provide for an expedited procedure," and that "[a]ny such expedited procedure shall require a written request" by the person asking for expungement.
The law does not itself set out a route for a record still showing after the July 2024 deadline. If yours is, ask the clerk of the court where you were convicted whether an expedited procedure is available, or have a lawyer raise it.
Two cost rules help you. If you were incarcerated for misdemeanor or felony marijuana possession, you have "all court costs waived" for the expungement. And outstanding fees, fines, costs, assessments or charges "related to the eligible conviction or civil adjudication shall be waived."
If the record does not say how much marijuana
If the amount is not stated in the record of conviction or any related record, report or document, "then the court shall presume the amount to have been two ounces (2 oz.) or less." The presumption runs in your favor.
The law behind this page
- Which records are covered — possession only, of a marijuana offense decriminalized since the conviction, including civil violations: R.I. Gen. Laws § 12-1.3-5(a).
- All eligible records expunged before July 1, 2024: § 12-1.3-5(b).
- The expedited procedure and the written request: § 12-1.3-5(c).
- The two-ounce presumption: § 12-1.3-5(d).
- Court costs waived for anyone incarcerated for marijuana possession: § 12-1.3-5(e).
- Granted despite prior records (including crimes of violence as defined in § 12-1.3-1), pending proceedings and outstanding amounts, which are waived: § 12-1.3-5(g).
