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RHODE ISLAND CRIMINAL DEFENSE BLOG

Proposed 2017 Bill Would Allow Rhode Islander’s to Expunge More than One Misdemeanor Conviction

Posted by Matthew Marin | Jun 11, 2017 | 0 Comments

As the 2017 Legislative Session pushes towards summer, there has been a renewed push in 2017 for the passage of an updated Rhode Island Expungement law.  According to a June 8th article in the Providence Journal written by Katherine Gregg, Rhode Island Attorney General Peter Kilmartin has championed the bill which just last week was unanimously approved by the House of Representatives.  The Bill would still need to pass through the Senate and be approved by the Governor before altering the Rhode Island Expungement landscape.

The Bill would as proposed would change the way that misdemeanors are treated for expungement purposes.  Currently, under the existing Rhode Island Expungement law any individual who has more than one misdemeanor “conviction” (which means the individual was sentenced to a fine, jail time, suspended jail time, or probation) can expunge that case IF it is their FIRST and ONLY criminal conviction.  Therefore, individuals who have multiple misdemeanor convictions are permanently prohibited from ever expunging records related to those cases no matter how long ago they were imposed.  The existing law requires that the individual wait five years, stay out of trouble for those five years, and prove to the Court that they have exhibited good moral character for those five years prior to the granting of the expungement motion.

The proposed Bill would allow a judge to expunge “up to five misdemeanors” once an individual has, for at least 10 years since the completion of their last sentence, (1) not been convicted nor arrested for any felony or misdemeanor, (2) no criminal proceedings pending against them, and (3) exhibited good moral character.

A number of crimes would not be permitted to be expunged under the proposed Bill.  Those include: convictions for domestic violence, driving under the influence of drugs or alcohol, and refusal to submit to a chemical test.

For more information about the current status of Rhode Island's expungement law, contact the Law Offices of Matthew T. Marin, Esq. Inc. for a no obligation expungement evaluation.  We are available 24/7 to assist you at 401-228-8271 or on our website at www.matthewtmarin.com.

About the Author

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

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Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

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