Top Rated Rhode Island Expungement Lawyers
If you have an arrest record, your records are available for all the world to see. Your employer or future employer, landlords, banks, even family and neighbors can discover all the details of your case, even though you were not convicted. Depending on the facts of your arrest and disposition, we often are able to expunge or seal your records. Wouldn't it be a relief to keep such a personal matter private and to protect your future?
At Marin and Barrett, Inc., we have helped thousands of individuals expunge their Rhode Island criminal records, oftentimes without them even needing to appear in Court to complete the process! Our team of highly experienced Rhode Island Expungement Lawyers can provide a no obligation review of your expungement eligibility and begin working quickly to see the charges ultimately removed from your record. We are available 24/7 to speak with you and discuss your expungement situation at 401-228-8271.
Contact our experienced RI Expungement Attorneys for a free expungement case evaluation
Rhode Island expungement laws have changed substantially over the past 5 years. If you have been denied in the past or you are looking to have a Rhode Island criminal charge expunged for the first time, contact us today for a no obligation expungement evaluation. Rhode Island law sets out a procedure for an individual to expunge a record of conviction for a felony or misdemeanor. Under the Rhode Island Expungement Law, an individual may have the right to expunge all court records, all records in the possession of any state or local police department, the bureau of criminal identification and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. Contact us today to schedule a free, confidential to discuss expungement of your felony or misdemeanor criminal record. Call us at 401-228-8271 or email us at [email protected] Our expungement lawyers at Marin and Barrett can guide you through the process of expunging your criminal record if you are eligible. We will make every effort to expunge your record of arrest or criminal conviction. Below you can read about Rhode Island's Expungement Laws in greater depth.
What is the Purpose of RI Expungement?
If an individual qualifies to have his or her record of criminal conviction expunged, certified copies of the court order are then provided by the Expungement Attorney to the arresting police department, the Department of Attorney General, and to the probation department to give notify them that the record has been ordered expunged. Each agency will then destroy its record leaving the individual with a clear criminal record.
What is the Expungement Process?
A Motion for Expungement must be filed in the Court system. There are several limitations on an individual's ability to expunge a record of conviction. First, there is a five year waiting period for misdemeanor convictions and a ten year waiting period for felony convictions.
Section 12-1.3-2(b) - "a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence."
Section 12-1.3-2(c) - "a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence."
Is RI Expungement Limited to "First Offenders"
Until recently, Rhode Island Expungement law limited the ability to expunge criminal records to those individuals who qualify as "First Offenders." First time offenders are those who have no other criminal convictions, including probation and suspended sentence, and have no criminal charges pending against them currently. However, in the past 5 years these restrictions have been significantly relaxed. Depending on your circumstances, you may be able to expunge up to five misdemeanor convictions.
Prohibition Against Crimes of Violence
Rhode Island Expungement law prohibits the expungement of any record of criminal conviction defined by statute as a "Crime of Violence." Any record of those convictions cannot be expunged under current Rhode Island law.
Crimes of Violence
Section 12-1.3-1(1) - "'Crime of violence' includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny."
Should I Hire A Rhode Island Expungement Lawyer?
The laws around the expungement of criminal records in Rhode Island can be complex. That being said, expungement is a process that some individuals have been able to successfully complete on their own. However, there are a number of limitations and risks to completing the process on your own. First, you will need to be physically present in Rhode Island to appear at the Courthouse to file the Motion to Expunge and then appear again in Court at a later date for the Court hearing. Additionally, we have handled literally thousands of expungement cases. We know precisely how to have the expungement processed and have the case removed from your Bureau of Criminal Identification records, the Police Department records, and the Court records. If you handle the process on your own, there is a chance that this isn't processed properly. Finally, we charge reasonable fees for our expungement services. In most cases, we can appear in Court on your behalf and you will not need to appear in Court or even return to Rhode Island if you are out of state.
If you think you are eligible to have your Rhode Island criminal records expunged, contact the expungement attorneys at Marin and Barrett today for a free, confidential consultation and discuss your options. Call us now at 401-228-8271 or email us at [email protected].