One year, and your prior record does not close this path

R.I.G.L. § 11-34.1-5

This is the shortest waiting period in Rhode Island's expungement law, and it is the only one that says outright that your prior record does not matter. It is also missing from most guides.

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What the statute provides

§ 11-34.1-5(a): records of any person convicted, placed on probation, or whose case was filed under § 12-10-12, for a violation of § 11-34.1-2 or § 11-34.1-4, "may be expunged one year after completion of that person's sentence."

§ 11-34.1-5(b): the motion is filed in accordance with Chapter 12-1.3 and "may be granted in the court's discretion regardless of the person's first offender status."

Why that last clause matters so much

Every other conviction path in Rhode Island turns on your record. The first-offender path requires that you have no prior conviction or probation at all. The multiple-misdemeanor path requires fewer than six misdemeanors and no felonies.

This section sets that aside. A prior record that would close every other door does not close this one — the statute says so in terms.

It reaches probation and filings too

The section is not limited to convictions. It covers a person "convicted, placed on probation, or whose case was filed pursuant to § 12-10-12" for the named offenses, which is broader than most expungement provisions.

If the offense happened because you were trafficked

There is a stronger remedy. § 11-67.1-17 allows a person convicted of prostitution or solicitation committed as a direct result of being a trafficking victim to move to vacate the conviction — not merely seal or expunge it — with no waiting period at all.

Common questions

Does my prior record disqualify me?

§ 11-34.1-5(b) says the motion may be granted in the court's discretion regardless of first offender status.

How long do I have to wait?

One year after completion of the sentence.

Is the grant automatic?

No. Like every expungement in Rhode Island, it is discretionary with the court.

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.

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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