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 expanding record-sealing eligibility under § 12-1-12 — the sealing companion to the expungement statute this page covers — and counsel in State v. Zimmerman (D.R.I. 2015) and State v. Corcoran, 268 A.3d 47 (R.I. 2022), the landmark DUI Miranda precedent. Reviewed for legal accuracy by Stefanie A. Murphy, Esq., lead editor of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Ed. 2024). | Updated:
Can a DUI be expunged in Rhode Island in 2026? In many cases, yes — a first-offense misdemeanor DUI conviction may be eligible for expungement after the required waiting period, and DUI cases that were dismissed (or resulted in a not guilty verdict) may be eligible for sealing. The key is confirming eligibility under Rhode Island law and filing correctly in the proper court.
Until your case is expunged or sealed, your DUI record remains accessible to employers, landlords, licensing boards, insurers, and the general public through background checks and public court databases. That can affect job opportunities, housing applications, professional licensing, and even insurance premiums.
Important context — DUI is expungeable, despite a common misconception. R.I. Gen. Laws § 12-1.3-1(1) defines a closed list of “crimes of violence” that cannot be expunged under any path. DUI is not on that list. The DUI exclusion in § 12-1.3-2(b) — which bars DUI, chemical-test refusal, and domestic-violence convictions from expungement — applies only to the multi-misdemeanor path (the path for two-to-five misdemeanors). A first-offense misdemeanor DUI is fully eligible under the first-offender path of § 12-1.3-2(a), (c).
2026 DUI Expungement Eligibility in Rhode Island
Quick answer: A first-offense misdemeanor DUI conviction may be eligible for expungement after you have completed your sentence and the required waiting period (commonly five years) has passed, provided you do not have other disqualifying convictions.
Expungement of a Rhode Island DUI Conviction
Rhode Island’s expungement framework is contained in Title 12, Chapter 12-1.3 of the General Laws. For a first-offense misdemeanor DUI, eligibility turns on three things: (1) it was a first offense (no prior convictions on your record, not just no prior DUI); (2) you’ve completed every part of your sentence — incarceration, probation, fines, restitution; and (3) the standard five-year wait has run from the date you finished. For the full eligibility framework across all offense types, see our Rhode Island expungement eligibility guide.
Relevant statutes:
- R.I. Gen. Laws § 12-1.3-1 — Definitions, including the closed crime-of-violence list (DUI is not on it).
- R.I. Gen. Laws § 12-1.3-2 — Eligibility paths and waiting periods. § 12-1.3-2(a), (c) governs first-offense misdemeanor DUI expungement.
- R.I. Gen. Laws § 31-27-2 — The substantive DUI statute (Title 31). DUI is prosecuted under Title 31, but expungement is governed by Title 12.
Sealing of Rhode Island DUI Charges That Were Dismissed (or Not Guilty)
If your DUI was dismissed, you were acquitted at trial, the prosecution filed a no-true-bill or no-information, you may be eligible for sealing rather than expungement — under §§ 12-1-12 and 12-1-12.1.
Most important recent change: Under § 12-1-12.1(a)(1), added by P.L. 2023, ch. 154 / 155 effective June 20, 2023, cases dismissed by the prosecutor under District Court Rule of Criminal Procedure 48(a) on or after January 1, 2023 are sealed automatically by the court within 10 to 20 days of dismissal. No motion. No fee. No client action required. If your DUI was Rule 48(a) dismissed in this window and is still showing up on background checks more than 30 days later, contact us and we will look into it.
For dismissals before January 1, 2023, and for acquittals, no-true-bills, and no-informations regardless of date, you file a sealing motion under § 12-1-12.1(b) with 10-day notice to the AG and the originating police department.
For a side-by-side breakdown of how sealing and expungement differ, including which procedure applies to which disposition, see Sealing vs. Expungement in Rhode Island.
Marin & Murphy’s connection to Rhode Island sealing law is direct: Matt 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 (Suttell, C.J.) expanding sealing eligibility under § 12-1-12.
Important: Expungement Does Not Clear Your DMV Driving Record
This is the single most-misunderstood point about RI DUI expungement. Expungement under Chapter 12-1.3 affects only your criminal court records and BCI records. It does not clear your administrative DMV driving record, which is maintained separately under Title 31.
That distinction has practical consequences:
- Insurance: Your motor vehicle record (MVR) at the DMV — what insurers pull from — is not affected by criminal expungement. Insurance carriers use the DMV record, not the BCI background check, to set premiums. Expungement does not retroactively reset your insurance rating.
- CDL holders: A DUI on your driving record affects commercial driving privileges separately from any criminal record. Expungement does not erase the DUI from your CDL history.
- Sentencing for new DUIs — 2025 look-back framework: Even if you successfully expunge a prior misdemeanor DUI, courts and law enforcement can still consider it for sentencing enhancement under Rhode Island’s expanded look-back framework if you are charged with a new DUI. Expungement reduces public visibility but does not erase the prior for recidivism purposes.
- Five carve-outs in § 12-1.3-4: You must still disclose an expunged DUI when applying for a law-enforcement position, admission to the bar, a teaching certificate (chapter 11 of title 16), a coaching certificate (§ 16-11.1-1), or an early childhood education facility position (chapter 48.1 of title 16). For details on the five carve-outs, see the main expungement page.
The criminal record will be sealed and removed from active files. The DMV history is a different file system entirely.
Rhode Island DUI Expungement Forms (Which Form to Use)
Filing the correct paperwork is essential. The form depends on which court handled your case and whether the disposition was misdemeanor or felony. Using the wrong form (or filing in the wrong court) delays the hearing or results in denial.
District Court Form
If your DUI case was handled in Rhode Island District Court (most first-offense misdemeanor DUIs):
Superior Court Forms
If your matter was in Rhode Island Superior Court (felony DUIs, or serious bodily injury / death of another):
- Superior Court – Motion and Affidavit to Expunge or Seal Record (Misdemeanor) (PDF)
- Superior Court – Motion and Affidavit to Expunge or Seal Record (Felony) (PDF)
Practical Filing Notes
- Match the court: Your form must match the court where your case was resolved (District vs. Superior).
- Be consistent on dates: Use the same conviction/disposition and sentence-completion dates across the motion and affidavit.
- Attach proof: Documentation showing fines paid, probation completed, and any required programs finished helps avoid hearing-day delays.
- Confirm no outstanding fines: Any unpaid court costs, fines, or restitution will block your petition until paid (or formally waived by the court).
- Expect a hearing: The Attorney General’s Office typically reviews and may participate. Proper service and complete paperwork reduce delays.
For the step-by-step procedural workflow that applies to every Rhode Island expungement petition, see How the Rhode Island Expungement Process Works.
Note: Forms and filing requirements can change, and procedure may vary by courthouse. This section is general information and not legal advice. To confirm the correct court, form, and supporting documents for your record, call (401) 228-8271 for a free consultation.
Waiting Periods & Eligibility Snapshot (2026)
| Case Type | Relief Type | Common Timing | Key Statutory Citation |
|---|---|---|---|
| First-offense misdemeanor DUI conviction | Expungement | 5 years from sentence completion | RIGL § 12-1.3-2(a), (c) |
| DUI dismissed under Rule 48(a) on/after Jan. 1, 2023 | Sealing — automatic | 10–20 days; no motion required | RIGL § 12-1-12.1(a)(1) |
| DUI dismissed before Jan. 1, 2023 | Sealing — clerk request | No wait; clerk acts on request | RIGL § 12-1-12.1(a)(2) |
| DUI acquittal, no-true-bill, no-information | Sealing — motion | No wait; 10-day notice to AG and police; clerk seals within 45 days of order | RIGL § 12-1-12.1(b) |
| First-offense felony DUI conviction (no other felonies) | Expungement (case-specific) | 10 years from sentence completion | RIGL § 12-1.3-2(a), (d) |
| Multiple DUI convictions | Typically not eligible | — | DUI excluded from § 12-1.3-2(b) multi-misdemeanor path |
Note: Eligibility depends on the specific charge, disposition, and your full criminal history. This is general information and not legal advice. For attorney fees and admin costs by case type, see our expungement cost guide.
Meet Our Experienced Rhode Island DUI Expungement Attorneys
MATTHEW T. MARIN, ESQ.
PARTNER
- 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 expanding record-sealing eligibility under § 12-1-12, the sealing companion to the expungement statute governing this page.
- Successfully argued for suppression of breath-test results in landmark 2015 Rhode Island District Court cases (including State v. Zimmerman) — challenging the adequacy of the state’s DUI Rights for Motorists form, leading to multiple judicial rulings finding the form misleading and prompting the Rhode Island Attorney General’s Office to revise the form statewide.
- Counsel in the Rhode Island Supreme Court case State v. Corcoran, 268 A.3d 47 (R.I. 2022) — establishing key precedent that roadside questioning after a collision and failed field sobriety tests constitutes custodial interrogation requiring Miranda warnings.
- Member of the prestigious National College for DUI Defense (NCDD).
- Handled thousands of DUI cases, focusing on breath, blood, and urine test challenges.
- Selected to Super Lawyers every year since 2014 | National Trial Lawyers Top 100.
- Avvo Rating: 10.0 “Superb” | Martindale-Hubbell: AV Preeminent.
- Featured in Rhode Island Bar Journal articles on DUI defense strategies.
- Admitted to the Rhode Island Supreme Court (2008), Rhode Island Bar #7934.
- Deep working knowledge of 2025 RI DUI law changes, including the expanded look-back framework.
STEFANIE A. MURPHY, ESQ.
PARTNER
- Lead editor and contributing author of A Practical Guide to Trying DUI Cases in Rhode Island (2nd Edition 2024, MCLE New England) — the authoritative 362-page DUI trial manual used by prosecutors, defense attorneys, and judges throughout Rhode Island.
- Invited by the Rhode Island Municipal Police Training Academy to lecture and demonstrate DUI trial practice and defense strategies to incoming municipal police recruits.
- Secured a not-guilty verdict in State v. Winslow (R.I. Super. 2023) — a high-profile murder prosecution by the Rhode Island Attorney General’s Office.
- Extensive courtroom experience defending DUI and serious criminal charges including Second-Offense DUI Charges and Felony DUI Charges.
- Focus on achieving charge dismissals and reductions for clients.
- Avvo Rating: 10.0 | Martindale-Hubbell Peer Rating: 4.6/5.0.
- Selected to Super Lawyers 14 consecutive years (2012–2025).
- Admitted to the Rhode Island Supreme Court (2005), Rhode Island Bar #7252; also admitted in Connecticut and Massachusetts; federal admissions in D.R.I., D.MA, and D.CT.
Frequently Asked Questions About DUI Expungement in Rhode Island (2026)
How long do I have to wait to expunge a first-offense DUI in Rhode Island?
For a first-offense misdemeanor DUI conviction, the standard wait is five years from the date you completed every part of your sentence — incarceration, probation, fines, and restitution. The clock does not start when you pleaded or when you finished jail. It starts when the entire sentence is complete. Probation tails are the most common reason a five-year clock turns out to be longer than expected. Authority: R.I. Gen. Laws § 12-1.3-2(a), (c).
Can a DUI that was dismissed be sealed in Rhode Island?
Often, yes — and frequently with no action required from you. Cases dismissed under Rule 48(a) on or after January 1, 2023 are sealed automatically by the court within 10 to 20 days under § 12-1-12.1(a)(1). For pre-2023 dismissals, you request sealing from the court clerk under § 12-1-12.1(a)(2). For acquittals, no-true-bills, and no-informations regardless of date, you file a sealing motion under § 12-1-12.1(b) with 10-day notice to the AG and the originating police department.
What is the difference between sealing and expunging?
The distinction is about convictions vs. non-convictions, not about strength. Expungement under Chapter 12-1.3 applies to convictions. Sealing under §§ 12-1-12 and 12-1-12.1 applies to cases that ended without a conviction — dismissals, acquittals, no-information, no-true-bill. For a side-by-side procedural comparison, see Sealing vs. Expungement in Rhode Island.
Does expungement remove the DUI from background checks?
Expungement removes the DUI from standard public background checks (employment, housing, professional licensing in most fields). Under § 12-1.3-4(c), the records custodian is required to deny that the records exist in response to most inquiries. There are five carve-outs where you must still disclose: applying for a law-enforcement position, admission to the bar, a teaching certificate (chapter 11 of title 16), a coaching certificate (§ 16-11.1-1), or a position at an early childhood education facility (chapter 48.1 of title 16).
Does expungement affect my Rhode Island driving record or my insurance rates?
No. Criminal expungement under Chapter 12-1.3 affects only your criminal court records and BCI records. Your motor vehicle record (MVR) at the Rhode Island DMV is maintained separately under Title 31 and follows different rules — it is not cleared by criminal expungement. Insurers pull from the DMV record, not from the BCI background check, so expunging the criminal conviction generally does not retroactively reset your insurance rating. CDL drivers face the same rule: expungement does not erase the DUI from commercial driving history.
Can I expunge more than one DUI conviction?
Generally, no. The multi-misdemeanor expungement path under § 12-1.3-2(b) — which would otherwise allow expungement of two to five misdemeanors after a 10-year wait — explicitly excludes DUI convictions, chemical-test refusal convictions, and domestic-violence convictions. Two DUI convictions, or one DUI plus an unrelated misdemeanor, generally make a person ineligible for expungement under current law. There are narrow case-specific exceptions worth analyzing with counsel.
Will an expunged DUI still count as a “prior” if I’m charged with a new DUI?
For sentencing-enhancement and look-back purposes, generally yes — even though the conviction is no longer publicly visible. Rhode Island’s expanded look-back framework allows courts to consider prior DUI conduct for second-offense or felony enhancement under § 31-27-2.2 even where the prior has been expunged. Expungement reduces public visibility; it does not erase the legal fact of the prior for recidivism purposes. For the substantive penalty framework, see our Rhode Island DUI penalties guide.
Can I file for DUI expungement on my own, without a lawyer?
You can file pro se — the District Court and Superior Court forms are publicly available. The risks are procedural: filing the wrong form, filing in the wrong court, missing service requirements, dating the motion inconsistently with the affidavit, or missing an unpaid fine that has to be cleared first. Any of these can delay your hearing or result in a denial that affects when you can refile. Counsel reduces the risk of those errors.
What documents do I need for a DUI expungement motion?
At minimum: certified court records showing the conviction and disposition; documentation of sentence completion (probation discharge, proof fines/costs are paid, proof of any required programs completed); your current Rhode Island BCI report (you’ll need to order this from the Attorney General’s Office); and the correctly chosen motion-and-affidavit form for the court where the case was resolved. For the full document workflow that applies to every Rhode Island expungement, see How the Rhode Island Expungement Process Works.
Which statutes govern Rhode Island DUI expungement and sealing?
Expungement: R.I. Gen. Laws § 12-1.3-1 (definitions, including the closed crime-of-violence list — DUI is not on it), § 12-1.3-2 (eligibility paths), § 12-1.3-3 (procedure), and § 12-1.3-4 (effect of expungement). Sealing: § 12-1-12 and § 12-1-12.1. The DUI offense itself is at § 31-27-2.
Talk to a Rhode Island DUI Expungement Lawyer
A first-offense DUI is not a permanent record. The statutes are clear, the path is real, and the timing is workable for most people who completed their sentence five years ago and stayed out of trouble.
The work is in getting the eligibility analysis right, choosing the correct court and form, and walking the petition through cleanly. Marin & Murphy Law Firm has handled DUI defense and Rhode Island record-clearing matters for nearly two decades — including the Supreme Court precedent that defines the sealing landscape (Charlwood) and the precedent that defines DUI Miranda doctrine (Corcoran). Our Providence office has 460 five-star Google reviews and a 5.0 rating.
Call us for a free consultation: (401) 228-8271, or contact us online. We will review your record, tell you honestly whether you qualify, and explain what the process looks like from start to finish.
Continue researching across the cluster: RI Expungement Hub · Eligibility · Cost · Process · Sealing vs. Expungement.
More on Rhode Island expungement:
Rhode Island Expungement Lawyer (Hub) · Rhode Island Expungement Eligibility · Felony Expungement in Rhode Island · Misdemeanor Expungement in Rhode Island · Expungement Cost in Rhode Island · How the Rhode Island Expungement Process Works · Sealing vs. Expungement in Rhode Island
