Traffic Tribunal violations clear themselves — and almost nobody knows

R.I.G.L. § 31-41.1-10 · § 31-27-2.1

There is a Rhode Island statute that expunges traffic violations automatically, with no motion, no hearing, no fee and nothing for you to file. It is not in most expungement guides, and it answers a question thousands of people pay lawyers to ask.

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What the statute says

§ 31-41.1-10 provides that all violations within title 31 that are in the jurisdiction of the Traffic Tribunal or of a municipal court shall, by operation of law, after three years following adjudication and after expiration of any mandatory record-retention period, be expunged from the records of the tribunal or municipal court and from the records of the Division of Motor Vehicles.

The exception is alcohol-related: offenses under § 31-27-2.1 — refusal to submit to a chemical test — are expunged after five years rather than three.

It is in addition to everything else

The statute is explicit: these expungements "shall be in addition to and not in place of any expungement provided for by chapter 1.3 of title 12." Getting this relief costs you nothing on the criminal side.

This matters if you have been told your refusal is a dead end. Chapter 12-1.3's multiple-misdemeanor path does exclude § 31-27-2.1 offenses — but that exclusion is about the criminal expungement statute. It has nothing to do with § 31-41.1-10, which clears the Traffic Tribunal adjudication on its own schedule.

Refusal and DUI are two different records

In Rhode Island a chemical test refusal is adjudicated at the Traffic Tribunal, while a DUI is a criminal charge in District Court. One incident can produce both, and they clear on entirely different tracks.

The Traffic Tribunal refusal is covered by this statute at five years. The criminal DUI conviction is not — it runs on Chapter 12-1.3, and if it is your only conviction it becomes filable five years after you complete your sentence.

If it is still showing up

The relief is automatic, but records systems are not perfect. If a violation still appears after the three or five years have run, contact the clerk of the Traffic Tribunal or the municipal court that handled it, and check your driving record with the Division of Motor Vehicles separately.

Common questions

Do I have to file anything for a traffic violation to be expunged?

No. § 31-41.1-10 operates by law. There is no motion, no hearing and no fee.

Does a refusal count as a criminal conviction?

A first refusal is adjudicated as a civil violation at the Traffic Tribunal, not a criminal conviction. That distinction affects both this statute and how the offense is counted elsewhere.

Does an expunged traffic violation come off my driving record too?

The statute names both the tribunal or municipal court records and the records of the Division of Motor Vehicles.

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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