What an expungement does in Rhode Island
A person whose record is expunged "shall be released from all penalties and disabilities resulting from the crime."
The practical part: on any application for employment, a license, or another civil right or privilege — and in any appearance as a witness — a person whose conviction has been expunged may state that he or she has never been convicted of the crime.
Not "may decline to answer." May state that you were never convicted of the crime.
The five exceptions: when you must still disclose
The law carves out five categories. If you are an applicant in any of them, you must disclose the fact of the conviction:
- A position with a law enforcement agency.
- Admission to the bar of any court.
- A teaching certificate.
- A coaching certificate.
- Operator or employee of an early childhood education facility.
An expunged conviction can still count at a later sentencing
There is one more exception, and it is easy to miss: upon conviction of any subsequent crime, "the expunged conviction may be considered as a prior conviction in determining the sentence to be imposed."
An expungement is not a deletion from history. It removes the record from public inspection and releases you from the civil consequences. A sentencing judge in a future case can still see it.
What the expungement order reaches
A granted motion orders all records and records of conviction expunged and all index and other references removed from public inspection.
A copy of the order goes to any law enforcement or other agency known to hold the records — sent by you, by the Attorney General, or by the court. Tell the court about any agency you know of; the order is only as complete as the list it is sent to.
If a DNA sample was taken in your case, expungement of that record is handled separately, under its own law.
The law behind this page
- Released from penalties and disabilities, and use at a later sentencing: R.I. Gen. Laws § 12-1.3-4(a).
- What you may state on applications and as a witness, and the five exceptions: § 12-1.3-4(b).
- The five exceptions name a law enforcement agency, admission to the bar, a teaching certificate under chapter 11 of title 16, a coaching certificate under § 16-11.1-1, and an early childhood education facility under chapter 48.1 of title 16.
- What the order reaches and who receives it: § 12-1.3-3(c).
- DNA records: § 12-1.5-13.
- Sealing, for cases that did not end in conviction: § 12-1-12.1.
