By Matthew T. Marin, Esq. — Counsel of record in State ex rel. Coventry Police Department v. Charlwood, 224 A.3d 480 (R.I. 2020), the Rhode Island Supreme Court decision that expanded record-sealing eligibility under § 12-1-12 — the District Court sealing companion to the misdemeanor expungement statute this page covers. Reviewed for legal accuracy by Stefanie A. Murphy, Esq. | Updated: May 7, 2026

Who Qualifies for Misdemeanor Expungement in Rhode Island?

Rhode Island’s misdemeanor expungement statute lives in Chapter 12-1.3 of the General Laws. Three different paths can apply depending on your record:

• Single first-offender misdemeanor — under R.I. Gen. Laws § 12-1.3-2(a) and (c): one misdemeanor conviction, 5-year wait from sentence completion, no other convictions of any kind.
• Multi-misdemeanor path (2 to 5 misdemeanors) — under § 12-1.3-2(b): two to five misdemeanor convictions, no felony convictions, 10-year wait from completion of the most recent sentence. DUI, chemical-test refusal, and domestic-violence convictions are excluded from this path.
• Pre-2021 simple drug felonies and pre-2012 larceny felonies — under § 12-1.3-1(5), as added by 2024 amendment: simple possession of ten grams or less of a non-marijuana controlled substance from before July 9, 2021, or a larceny under $1,500 from before 2012, are now treated as misdemeanors for expungement purposes — placing them on this 5-year track instead of the 10-year felony track.

For all three paths, you must also satisfy:

• Sentence fully completed. Every term — incarceration, probationary period, community service, fines, court costs, restitution, and any other condition of the original sentence — must be satisfied. The waiting period does not begin until the entire sentence is complete.
• No outstanding financial obligations. Unpaid fines, court costs, or restitution from the underlying case will block expungement until they are paid.
• Good moral character. The court must affirmatively find good moral character at the hearing under § 12-1.3-3(b). This is a statutory finding the judge makes on the record.
• No pending charges. You cannot file while any criminal charge is unresolved.

If you have a dismissed charge or were found not guilty, different rules apply — many of these clear automatically without a motion. See the next section.

For a broader overview across misdemeanor, felony, and dismissed charges, see our complete Rhode Island expungement eligibility guide.

Rhode Island Misdemeanor Expungement — Eligibility at a Glance

Dismissed Charges and Not-Guilty Verdicts — Two Different Regimes

One of the most commonly missed facts about Rhode Island record-clearing: dismissed charges and not-guilty verdicts no longer require a motion in most cases.

Post-January 1, 2023 Dismissals — Automatic Sealing

For any case dismissed under Rule 48(a) on or after January 1, 2023, the court is required by R.I. Gen. Laws § 12-1-12.1(a)(1) to automatically seal the record within 10 to 20 days of dismissal. No motion is required. Once sealed, the record is removed from public view and from standard background-check databases. If your case was dismissed in this window and your BCI report still shows it, contact the court of disposition or call our office at (401) 228-8271 to verify the sealing was processed.

Pre-2023 Dismissals, Not-Guilty Verdicts, and Nolle Prosequis

For cases that resolved before January 1, 2023 — or for not-guilty verdicts at trial, which fall outside Rule 48(a) — you must affirmatively file a Motion to Seal under R.I. Gen. Laws § 12-1-12 in the court where the case was heard. There is no waiting period and no filing fee. The Rhode Island Supreme Court expanded eligibility under this statute in State ex rel. Coventry Police Department v. Charlwood, 224 A.3d 480 (R.I. 2020), holding that defendants charged with a first civil violation that was dismissed are entitled to record sealing under § 12-1-12(b). Marin & Murphy was counsel of record in Charlwood.

This includes:

• Charges dismissed outright (with or without prejudice)
• Charges entered as a nolle prosequi (dropped by the prosecution)
• Cases resolved with a not-guilty verdict at trial
• Deferred sentences — once the deferral period ends and the case is dismissed, sealing eligibility triggers

If you received a deferred sentence before July 1, 2010, additional complexity may affect your eligibility under § 12-19-19(c). Call (401) 228-8271 for a case-specific review.

The 5-Year Waiting Period: When Does the Clock Start?

Sentence Completion — Not Conviction Date

The 5-year waiting period under § 12-1.3-2(c) begins when you complete your entire sentence — not the date of your conviction or the date you walked out of court. Sentence completion under § 12-1.3-2(f) means all of it: any period of incarceration, any probationary period, any community service obligation, all fines and court costs, all restitution, and any other condition of the original sentence. If you served 60 days and had two years of probation, your 5-year clock starts at the end of probation — not the day you finished the jail term.

What Resets or Extends the Clock

For the single-misdemeanor path under (a) and (c), any new conviction during the 5-year window resets your eligibility entirely. The statute requires no intervening criminal convictions of any kind during the waiting period — even another minor misdemeanor disqualifies you.

For the multi-misdemeanor path under (b), the 10-year clock runs from completion of the most recent sentence among your 2 to 5 misdemeanors. New convictions during the waiting period reset the clock from the new completion date.

Pending charges also bar eligibility on either path. You cannot file while any criminal charge is unresolved.

The Multi-Misdemeanor Path — § 12-1.3-2(b)

The single-misdemeanor path gets most of the attention, but the multi-misdemeanor path under § 12-1.3-2(b) is the one many petitioners actually need. The path lets you expunge between two and five misdemeanor convictions in a single proceeding, provided:

• You have no felony convictions on your record
• You have completed all sentences in full
• 10 years have passed from completion of the most recent sentence
• You have no pending charges
• None of the misdemeanors is a DUI conviction (§ 31-27-2)
• None of the misdemeanors is a chemical-test refusal (§ 31-27-2.1)
• None of the misdemeanors is a domestic-violence conviction

If any one of your misdemeanors is a DUI, refusal, or DV conviction, the multi-misdemeanor path is closed — but those misdemeanors may still be expungeable individually under the single-misdemeanor path at § 12-1.3-2(a) and (c) after 5 years (subject to the offense-specific rules for each).

What Cannot Be Expunged

Under R.I. Gen. Laws § 12-1.3-1(1), crimes of violence are permanently barred from expungement. Most of the listed offenses are felonies (murder, manslaughter, robbery, first- and second-degree sexual assault, first-degree arson, kidnapping with intent to extort, larceny from the person, burglary, child molestation, three assault-with-intent offenses, and entering a dwelling house with intent to commit murder/robbery/sexual assault/larceny), but the bar applies to any misdemeanor that the court determines is a “crime of violence” under the statutory definition.

The other absolute bars:

• If you have any felony conviction, the multi-misdemeanor path under (b) is unavailable; only the single-misdemeanor path at (a) and (c) may apply
• If your offense is on the closed § 12-1.3-1(1) crime-of-violence list, no path is available regardless of how much time has passed

The Marijuana Auto-Expungement Provision — § 12-1.3-5

Rhode Island’s § 12-1.3-5 automatically clears pre-legalization marijuana possession convictions for conduct that is now lawful following the state’s 2022 legalization. The court processes these on a rolling basis — no motion is required. If you have a pre-legalization marijuana possession conviction and your BCI report still shows it, the automatic processing may not yet have reached your record. Call our office at (401) 228-8271 to confirm status and, if needed, file an expedited petition.

Where to File — Rhode Island District Court

Misdemeanor expungements are filed in Rhode Island District Court — specifically, in the division for the county where the conviction occurred. This differs from felony expungements, which go to Superior Court. Filing in the wrong division will delay or void your petition.

The Rhode Island Judiciary maintains the current District Court division addresses and contact information at courts.ri.gov. Confirm the correct location and filing window before submitting.

Before you file, you will need:

• Your BCI report — request from the Rhode Island Attorney General’s Bureau of Criminal Identification
• Complete case information: court docket number, date of conviction or dismissal, charge(s)
• Proof that all fines, court costs, and restitution have been paid

There is no court filing fee. Under § 12-1.3-3(c), as amended by P.L. 2021, ch. 141/142 effective July 3, 2021, no filing fee is charged for any expungement petition under Chapter 12-1.3. Pre-filing administrative costs (BCI report, certified records, postage) typically run $25 to $80. See our guide to expungement costs in Rhode Island for the full breakdown.

Once filed, the court serves the Motion to Expunge on the Attorney General’s Office and the relevant law enforcement agencies, who have an opportunity to object before the hearing.

For a full procedural walkthrough of every filing step, see our Rhode Island expungement process guide.

Common Misdemeanors That Can Be Expunged in Rhode Island

Any misdemeanor that is not on the § 12-1.3-1(1) crime-of-violence list can be expunged if you meet the eligibility requirements. Common examples:

• Simple assault (non-domestic, single conviction)
• Petty larceny and shoplifting (below felony threshold)
• Disorderly conduct and breach of peace
• Criminal trespass
• Vandalism and malicious mischief (below felony threshold)
• Bad-check offenses
• Possession of a controlled substance (personal-use amounts)
• Misdemeanor DUI / driving under the influence — see our DUI expungement guide for specifics
• Receiving stolen goods (below felony threshold)
• Harassment and cyberstalking (non-domestic context)

This list is not exhaustive. If your charge is not listed here, a Rhode Island expungement attorney can confirm whether it falls outside the § 12-1.3-1(1) bar and which path applies to your record.

Step-by-Step — How to File for Misdemeanor Expungement

1. Pull your BCI report. Request a certified copy from the Rhode Island Attorney General’s Bureau of Criminal Identification. This document establishes your conviction history and confirms which path you qualify under.
2. Confirm eligibility. Verify the waiting period has run from sentence completion, all fines and restitution are paid, no other convictions disqualify you, and the offense is not on the § 12-1.3-1(1) crime-of-violence list. If you’re using the multi-misdemeanor path, confirm none of your misdemeanors is a DUI, refusal, or DV conviction.
3. Prepare the Motion to Expunge. The motion must include your personal information, the docket number, the court of conviction, the specific charge(s), and a sworn certification that you meet all statutory eligibility requirements. Errors in the motion are the most common reason courts deny or delay petitions.
4. File in the correct District Court division. File in the division for the county where the offense occurred. There is no court filing fee. The clerk will stamp and docket your motion and provide a return date.
5. Serve the Attorney General and law enforcement. You are required to serve a copy of the motion on the Rhode Island Attorney General’s Office and the law enforcement agency that made the arrest. Both have an opportunity to file an objection before the hearing.
6. Attend the court hearing. At the hearing, the judge must affirmatively find good moral character under § 12-1.3-3(b). This typically involves your personal statement, employment history, community involvement, and any letters of support. The AG or law enforcement may appear to object — having an attorney represent you significantly reduces the risk of a denial.
7. Receive the expungement order. If the judge grants the motion, the court issues a written expungement order. That order is served on the RI State Police, all law enforcement agencies that hold a record, and the RI Judiciary — directing each to destroy or seal the record.

Why Misdemeanor Expungement Still Benefits From Counsel

Single-conviction first-offender misdemeanor petitions are the simplest path in Chapter 12-1.3 — but they are not automatic, and a denied petition can delay your next attempt by years. Counsel adds the most value when:

• The path isn’t obvious. Multi-misdemeanor petitions under (b), § 12-1.3-1(5) reclassification petitions, and DV-misdemeanor framing each require a different statutory argument
• The good-moral-character finding is contested. If the AG objects on character grounds, you need someone to argue the record
• Your BCI report has errors. Court-record errors must be corrected before filing — and the correction process is its own procedural matter
• You have a pre-2010 deferred sentence or a pre-2023 dismissal. The procedural posture changes which statute and which court apply

Marin & Murphy’s Track Record on Rhode Island Record-Clearing Law

Matthew T. Marin was counsel of record in State ex rel. Coventry Police Department v. Charlwood, 224 A.3d 480 (R.I. 2020) — the unanimous Rhode Island Supreme Court decision that expanded record-sealing eligibility under § 12-1-12, the District Court sealing companion to the misdemeanor expungement statute this page covers.

Stefanie A. Murphy is the editor and co-author of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Ed. 2024). The firm has handled expungements under every path in Chapter 12-1.3 — single first-offender, multi-misdemeanor, deferred-sentence, decriminalized-offense, § 12-1.3-1(5) reclassification, § 12-1.3-5 marijuana auto-expungement, and § 12-1-12 sealing — for nearly twenty years. Our Providence office has 452 five-star Google reviews and a 5.0 rating.

Call (401) 228-8271 or contact Marin & Murphy online for a free consultation. We’ll pull your BCI report, confirm which path applies, and tell you exactly where you stand — before you pay anything. There is no obligation to hire after your first call.

To understand the full picture before deciding, also read our guides on Rhode Island expungement eligibility, felony expungement in Rhode Island, how the Rhode Island expungement process works, and how much expungement costs in Rhode Island.

Frequently Asked Questions About Misdemeanor Expungement in Rhode Island

More on Rhode Island expungement: Rhode Island Expungement Lawyer (Hub) · Rhode Island Expungement Eligibility · Felony Expungement in Rhode Island · How the Rhode Island Expungement Process Works · Rhode Island Expungement Cost · Rhode Island DUI Expungement