By Matthew T. Marin, Esq. — Counsel of record in State ex rel. Coventry Police Department v. Charlwood (R.I. Supreme Court, 2020), the decision that expanded record-sealing eligibility under § 12-1-12. Reviewed for legal accuracy by Stefanie A. Murphy, Esq.  |  Updated: May 6, 2026

Why hire Marin & Murphy

Most Rhode Island law firms handle expungement as one of dozens of services. We have litigated the boundaries of the sealing statute at the Rhode Island Supreme Court — and we have handled expungements under every path in Chapter 12-1.3 for nearly twenty years.

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 (Suttell, C.J.) that expanded record-sealing eligibility under § 12-1-12, the sealing companion to the expungement law this page covers. Lawyers Weekly No. 60-010-20, Docket No. 2017-388-M.P. (R.I. Jan. 27, 2020). Full opinion (PDF) | Justia case summary | RI Lawyers Weekly, January 29, 2020.

That precedent is the foundation of the expungement work we do. Matt’s broader Rhode Island criminal procedure record is directly relevant to expungement because the strength of the original case shapes what gets convicted, what gets dismissed, and what ultimately needs sealing or expunging in the first place: trial counsel in State v. Corcoran, affirmed at the Rhode Island Supreme Court (Goldberg, J.) on Miranda doctrine for roadside DUI investigations; the first Rhode Island suppression of breath-test results based on flaws in the AG’s “Rights for Motorists” form (State v. Zimmerman, R.I. Dist. Ct. 2015), with the AG revising the form statewide fifteen days later; and a drug-trafficking dismissal under the Good Samaritan Overdose Prevention Act in State v. DiSalvo (R.I. Super. Ct. 2020). Full citations and opinion links for each case appear in the attorney profiles below.

Stefanie A. Murphy, our partner and the firm’s trial attorney, is editor of A Practical Guide to Trying DUI Cases in Rhode Island (Massachusetts Continuing Legal Education, 2nd Ed. 2024) — the standard Rhode Island reference for DUI defense lawyers. She reviews this page for legal accuracy and brings the same depth to first-time DUI expungement matters that produced the published reference.

Stefanie has been recognized by Super Lawyers for fourteen consecutive years (Rising Star 2012-2018; main list 2019-2025). Matt has been recognized by Super Lawyers for eleven consecutive years (Rising Star 2014-2018; main list 2019-2024). Matt is admitted in Rhode Island, Massachusetts, Connecticut, and South Carolina. Our Providence office has 451 five-star Google reviews and a 5.0 rating.

Wondering if your record qualifies? Call (401) 228-8271 for a free consultation, available 24/7.

What expungement actually does in Rhode Island

Expungement does not destroy your record. It seals it.

The statute spells this out in § 12-1.3-1(2): expungement means “the sealing and retention of all records of a conviction” along with “the removal from active files of all records and information relating to conviction.” The records still exist. They are sealed and held — not erased. They are pulled out of active files, which is what makes them invisible on a standard background check.

For most practical purposes — a job application, a rental application, professional licensing in most fields — the difference does not matter. After expungement, you answer “no” to questions about prior convictions, and the conviction does not show up. But the records are still there, in five specific situations described in Section 8 below. The legal mechanism is sealing-with-retention, not destruction.

Expungement under Chapter 12-1.3 only applies to convictions. If your case ended in a dismissal, an acquittal, a no-information, or a no-true-bill — meaning no conviction — that is handled under a different statute (§§ 12-1-12 and 12-1-12.1) and the term for it is “sealing,” not expungement. The two get conflated all the time. Section 9 below explains the difference and covers the automatic-sealing rule for post-2023 dismissals.

The cost of expungement in Rhode Island

There is no court fee to file a motion for expungement in Rhode Island, and no court fee when the court grants it.

The $100 court fee at grant — which used to apply to every expungement under this chapter — was eliminated by P.L. 2021, ch. 141 / ch. 142, effective July 3, 2021. The old § 12-1.3-3(c) said the court would grant expungement “after payment by the petitioner of a one hundred dollar ($100) fee to be paid to the court.” The 2021 amendment struck that language. Today, the statute just says: “If the court grants the motion, it shall order all records and records of conviction relating to the conviction expunged.”

Several Rhode Island law firm websites still cite the old $100 fee, more than four years after it was eliminated. If you read elsewhere that there is a $100 court fee at grant, that page is out of date.

Rhode Island law has four separate paths to record relief that cost nothing in court fees:

1. Court fee elimination for any § 12-1.3 expungement (since July 3, 2021). Applies to every expungement under this chapter.
2. Decriminalized offense path under § 12-1.3-2(g). The court grants expungement “without cost to the petitioner” per § 12-1.3-3(e).
3. Marijuana auto-expungement under § 12-1.3-5. Court costs waived. Outstanding fines and fees on the underlying conviction are also waived.
4. Rule 48(a) automatic sealing under § 12-1-12.1(a)(1). For any case dismissed under Rule 48(a) on or after January 1, 2023, the court seals the record automatically within ten to twenty days. No motion. No fee. No client action. (This is sealing of dismissals, not expungement of convictions — see Section 9 for the distinction.)

The remaining costs in a regular expungement matter:

• BCI report: $5.00. We use this to confirm what records the court will be asked to seal. Waived if you are 62 or older or have a qualifying disability.
• Attorney fees: Our fees for expungement matters typically range from $500 to $2,500, depending on which path applies and how many records are involved. The consultation is free.

Why we don’t post a single flat fee: a first-offender misdemeanor with a clean record is a quick matter. A § 12-1.3-1(5) reclassification petition for an old drug felony, a § 12-1.3-2(g) decriminalized-offense petition, or a multi-misdemeanor petition takes more research. The fee tracks the work.

Want a real number for your matter? Call (401) 228-8271 — free 24/7 consultation.

For a full breakdown of fee waivers under § 12-1.3-2(g) and § 12-1.3-5, indigency petitions, and how attorney fees vary by case type, see our complete guide to Expungement Cost in Rhode Island.

Who can expunge a record in Rhode Island

There are several ways to get a record expunged in Rhode Island, and the right one depends on what you were convicted of, when, and what the law looked like at the time. Some paths have a five-year waiting period. Some have ten years. A few have no waiting period at all. The cost is also different across paths — most are free.

The paths break down into three groups:

The standard framework (§ 12-1.3-2). This is the main expungement statute. It covers first-offender misdemeanors, first-offender felonies, multi-misdemeanor cases, deferred sentences, and decriminalized offenses. Most petitions go through here.

The reclassification expansion (§ 12-1.3-1(5)). A 2024 change to the law lets you expunge a prior felony conviction on the misdemeanor track — five years instead of ten — if the General Assembly has since reclassified that offense as a misdemeanor. Two situations qualify right now: simple drug possession of ten grams or less, post-July 2021, and larceny of property worth $500 to $1,500, post-2012. We cover both below.

The decriminalized-offense path (§ 12-1.3-2(g)). If your conviction was for an offense that has since been decriminalized — meaning it is no longer a crime at all, just a civil violation — you can apply at any time, with no waiting period and no cost. The biggest example right now is driving on a suspended license, first through third offense, when the suspension was for something other than DUI. That was decriminalized in January 2023.

There is also a separate automatic track for marijuana convictions under § 12-1.3-5. That one runs by itself — no motion required — and we cover it below.

For a quick at-a-glance eligibility table covering every situation, see our Rhode Island Expungement Eligibility guide.

The first-offender path

If you have one conviction — one felony or one misdemeanor — and nothing else on your record, you are a “first offender” under § 12-1.3-2(a). That means: no other felonies, no other misdemeanors, no probation on a separate matter, no pending criminal case anywhere.

How long you wait depends on whether your one conviction was a misdemeanor or a felony:

• Misdemeanor: five years from the date you finished your sentence (§ 12-1.3-2(c)). “Finished your sentence” means everything — incarceration, probation, fines, restitution.
• Felony: ten years from the date you finished your sentence (§ 12-1.3-2(d)).

Two things will block your petition even if your dates are right. First, any unpaid court costs, fines, or restitution. Those have to be paid, or the court has to formally reduce or waive them, before you can get expunged. Second, if your conviction was for a “crime of violence” — there is a closed list of those in Section 6 below — the first-offender path is not available to you at all.

You file in the court where you were convicted. District Court for District Court convictions, Superior Court for Superior Court convictions.

Drug conviction reclassification (§ 12-1.3-1(5))

If you were convicted of simple drug possession in Rhode Island before July 9, 2021, the law now treats your conviction as a misdemeanor for expungement purposes — and that means a five-year wait, not a ten-year wait.

Here is what happened. Before July 2021, simple possession of a small amount of a controlled substance other than marijuana was a felony in Rhode Island. The General Assembly changed that. Effective July 9, 2021, simple possession of ten grams or less of any non-marijuana controlled substance — fentanyl, heroin, cocaine, anything in the drug schedules other than marijuana — became a misdemeanor instead of a felony. The statute that made the change is § 21-28-4.01.

That alone did not help anyone with an old felony drug conviction, because the conviction had already happened under the old felony version of the law. Then in 2024, a second change closed the gap. The General Assembly amended § 12-1.3-1(5) to say that any prior felony conviction for an offense the General Assembly has since reclassified as a misdemeanor counts as a misdemeanor for expungement. So now, if you have a pre-July-2021 simple-possession felony for ten grams or less of fentanyl, heroin, cocaine, or any other non-marijuana controlled substance, the five-year misdemeanor wait applies — not the ten-year felony wait.

What does not qualify for the reclassification:

• Possession with intent to distribute, or any kind of drug dealing — those were felonies and stayed felonies
• More than ten grams (but less than one ounce) of any non-marijuana controlled substance — felony
• Larger quantities under § 21-28-4.01.1 — felony, with much longer maximum sentences
• Buprenorphine — handled separately, not within the ten-grams-or-less rule

If your old conviction qualifies, the reclassification cuts your wait in half. We have handled these matters and the courts get it right when the petition is properly framed.

If you have a pre-2021 Rhode Island drug conviction and you’ve been told you have to wait ten years, the law may have changed in your favor since the conviction. Call us at (401) 228-8271 and we’ll tell you which track applies.

Larceny conviction reclassification (§ 12-1.3-1(5))

The same rule that helps drug-possession felonies also helps old larceny felonies — but only for property valued in a specific range.

Before 2012, the felony cutoff for larceny in Rhode Island was $500. Stealing property worth more than that was a felony. In 2012, the General Assembly raised the cutoff to $1,500. So a 2010 conviction for stealing $1,000 worth of property was a felony then, but stealing $1,000 today is a misdemeanor. Under the same § 12-1.3-1(5) reclassification rule that handles drug possession, a pre-2012 larceny conviction for property worth $500 to $1,500 now counts as a misdemeanor for expungement purposes. Five-year wait, not ten.

The current larceny tiers under § 11-41-5:

• Up to $1,500 — misdemeanor
• $1,500 to $5,000 — felony, up to three years
• $5,000 to $10,000 — felony, up to six years
• $10,000 or more — felony, up to ten years
• Anything stolen with a firearm involved — felony regardless of value, up to ten years

One important wrinkle: if the victim was age 65 or older, the felony cutoff drops to $500 under § 11-41-5(b). That enhancement was in place before 2012 and the reclassification rule does not undo it.

The same reclassification rule covers a few related offenses that share the larceny penalty structure: embezzlement, receiving stolen goods, and false pretenses (§§ 11-41-1 through 11-41-6, except § 11-41-3, which has its own penalty rules).

If you have a pre-2012 felony for larceny, embezzlement, receiving stolen goods, or false pretenses involving property worth $500 to $1,500, you may now qualify for the five-year track. The petition has to be framed under § 12-1.3-1(5) to get there.

The multi-misdemeanor path

If you have between two and five misdemeanor convictions and no felony, you can expunge them under § 12-1.3-2(b). The wait is ten years from the date you finished the last of those sentences.

Two things about this path that get misstated:

The wait runs from your last sentence, not your first. If you have three misdemeanors and you finished the sentences in 2018, 2020, and 2022, your ten-year clock runs from 2022 — not 2018. The statute is clear on this (§ 12-1.3-2(f)).

Some misdemeanors are excluded from this path — but only this path. The statute says that DUI convictions (§ 31-27-2), chemical-test refusal convictions (§ 31-27-2.1), and domestic-violence convictions (chapter 29 of title 12) “are not eligible for and may not be expunged under this subsection.” The phrase “under this subsection” is doing a lot of work here. It limits the exclusion to the multi-misdemeanor path. It does not categorically bar those convictions from expungement under any other path. (See first-time DUI expungement below for what the first-offender path lets you do.)

Like every path in this chapter, the multi-misdemeanor path also requires good moral character, no pending criminal cases, no outstanding court fees, and a court finding that expungement is in the public interest.

For complete coverage of misdemeanor expungement — including the BCI report process, court division specifics, and the marijuana clean slate provision — see Misdemeanor Expungement in Rhode Island.

First-time DUI expungement

A first-time DUI in Rhode Island can be expunged under the first-offender path.

The way the law works: the multi-misdemeanor path (§ 12-1.3-2(b)) excludes DUI convictions, chemical-test refusal convictions, and domestic-violence convictions from being expunged “under this subsection.” That phrase — “under this subsection” — limits the exclusion to the multi-misdemeanor path only. It does not extend to subsection (a), which is the first-offender path.

A first-time DUI, with no other criminal record, is therefore expungeable under the first-offender path (§ 12-1.3-2(a)) after the standard five-year wait under § 12-1.3-2(c). The first-offender path has no DUI exclusion language anywhere in it.

What this looks like in practice:

• One DUI, nothing else on your record: eligible after five years from sentence completion.
• Two DUIs, no felonies: not eligible. The second DUI knocks you out of first-offender status, and the multi-misdemeanor path expressly excludes DUI.
• One DUI plus an unrelated misdemeanor (shoplifting, disorderly, etc.): generally not eligible — you are no longer first-offender, and the multi-misdemeanor path excludes DUI.

The first-offender DUI is a real and underused path. Stefanie Murphy’s editorship of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Ed. 2024) is the standard Rhode Island reference for DUI defense lawyers — and we apply that same depth to first-offender DUI expungement work. For the complete first-time DUI expungement walkthrough, see our Rhode Island DUI Expungement guide. For trial-level defense, see our Rhode Island DUI Lawyer and First-Offense DUI Charges pages.

Felony expungement

A first-offender felony conviction can be expunged ten years after you finish your sentence (§ 12-1.3-2(d)). There is no path in Rhode Island for expunging more than one felony. If you have two or more felony convictions, you cannot expunge any of them under Chapter 12-1.3.

Three things to know about felony expungement:

Crimes of violence are out. Section 12-1.3-2(a) bars expungement of any conviction for a “crime of violence” — and the list of crimes of violence is closed. The list is in Section 6 below. If your felony is on the list, the first-offender path is not available.

Some felonies are now misdemeanors for expungement purposes. Drug possession of ten grams or less, post-July 2021. Larceny of $500 to $1,500, post-2012. If your prior felony is one of these, you are on the five-year track, not the ten-year track. See the drug and larceny sections above.

Unpaid fines block your petition. Every court fee, fine, cost, restitution amount, or assessment has to be paid (or formally waived by the court) before the petition can be granted. This applies to every path, but in old felony cases it is the most common practical obstacle. We see clients whose ten years are up but whose old restitution balance was never zeroed out.

You file in the Superior Court where you were convicted. The court has to find good moral character, no pending criminal cases, no felony or misdemeanor conviction or arrest in the ten-year window, and that expungement is in the public interest.

For the full felony expungement walkthrough — including detailed eligibility analysis, the AG’s Office review process, and what happens at the Superior Court hearing — see Felony Expungement in Rhode Island.

Marijuana auto-expungement (§ 12-1.3-5)

If you were convicted of marijuana possession in Rhode Island and the conduct has since been decriminalized, your record is supposed to be expunged automatically. No motion. No fee. No court appearance.

This was added to the law by P.L. 2022, ch. 31 / ch. 32, effective May 25, 2022, when Rhode Island legalized recreational marijuana. The state was supposed to complete all eligible auto-expungements by July 1, 2024.

Some things that make this path different from every other one in this chapter:

• It is automatic. You do not file anything.
• The standard disqualifiers do not apply here. Prior arrests, prior convictions, crimes of violence, pending cases, unpaid fines — none of those block marijuana auto-expungement.
• The court costs are waived. Outstanding fines and fees on the underlying conviction are also waived.
• If the amount of marijuana is not stated in the record, the court presumes two ounces or less.

If you have an old marijuana conviction and the auto-expungement has not happened — meaning it still shows up on background checks — there is an expedited motion procedure under § 12-1.3-5 to push it through. We have handled these and the process moves quickly.

The same answer-no rule from § 12-1.3-4 applies after marijuana expungement, with the same five carve-outs. See Section 8 below.

Deferred sentence expungement

If your case ended with a deferred sentence — and you completed it successfully — you can ask the court to expunge it as soon as the deferred period is over. There is no five-year or ten-year wait. The court will hold a hearing under § 12-19-19(c).

One exclusion: the deferred-sentence path does not apply to convictions for crimes of violence (§ 12-1.3-3(b)(1)(ii)). The closed list applies the same way it does on the first-offender path.

This is older than most people realize — the deferred-sentence statute has been around since the 1980s — and it remains a real option for clients whose original disposition was a deferred sentence rather than a straight conviction-and-sentence. We see cases all the time where someone had been waiting on the standard five-year clock when they did not have to. If you completed a deferred sentence, call us. The clock for you is not what it is for everyone else.

Decriminalized offense expungement (§ 12-1.3-2(g))

If your conviction was for an offense that has since been decriminalized — meaning it is no longer a crime, just a civil violation — you can ask for expungement at any time. No waiting period. No cost (§ 12-1.3-3(e)). The court will hold a hearing on the motion.

The biggest example in current Rhode Island practice: driving on a suspended license, first through third offense, where the suspension was for something other than DUI. Effective January 1, 2023, those offenses became civil violations instead of misdemeanors (P.L. 2022, ch. 336 / ch. 337). If you have a pre-2023 misdemeanor conviction for one of those — and the suspension was not for DUI — your conviction qualifies under this path.

One important carve-out: § 31-11-18.1 covers driving on a suspended license where the suspension was for a DUI offense. That statute was not changed and remains a misdemeanor regardless of which offense it is. A pre-2023 conviction under § 31-11-18.1 is not within this path; if you can expunge it at all, you would do it under the standard first-offender path with the five-year wait.

This path is different from the § 12-1.3-1(5) reclassification path covered earlier, even though they sound similar:

• § 12-1.3-2(g) — decriminalization. A misdemeanor that has since been decriminalized to a civil violation. No waiting period. No cost. Hearing required.
• § 12-1.3-1(5) — reclassification. A felony that has since been reclassified as a misdemeanor (drug possession, larceny $500–$1,500). Five-year misdemeanor wait. Standard procedural rules.

These are separate provisions doing different work.

Not sure which path applies to you? That’s what the consultation is for. Call (401) 228-8271 — free, 24/7.

How long do you have to wait?

It depends on which path applies. Some examples:

One misdemeanor, sentence finished June 2020, no probation. Five years. Eligible to file: June 2025.

One misdemeanor, sentence finished June 2020, one-year probation finished June 2021. Five years from when probation ended. Eligible: June 2026.

One misdemeanor, sentence finished June 2020, three-year probation finished June 2023. Five years from when probation ended. Eligible: June 2028.

One felony, sentence finished June 2015, five-year probation finished June 2020. Ten years from when probation ended. Eligible: June 2030.

Three misdemeanors, last sentence finished June 2020. Ten years from the last one. Eligible: June 2030. (DUI, refusal, and DV convictions excluded from this path.)

Deferred sentence, completed June 2024. No wait. Eligible immediately on completion. Hearing required.

Marijuana possession, decriminalized after the conviction. Auto — no wait, no motion, no fee.

Pre-2023 misdemeanor for driving on a suspended license (suspension was not for DUI). Decriminalized to civil violation effective January 1, 2023. No wait. No cost.

Pre-July-2021 simple drug possession felony (10 grams or less, non-marijuana). Now treated as a misdemeanor under § 12-1.3-1(5). Five-year wait, not ten.

The phrase “finished your sentence” matters a lot. It means every part of the sentence — incarceration, probation, restitution, fines. The clock does not start until the last piece is done. We see clients all the time who think their wait is up because they finished jail, when really their probation tail extends another two or three years. Pull your sentencing paperwork before you assume a date — or call us and we’ll pull it for you in the consultation.

What the Crime of Violence list excludes

Section 12-1.3-1(1) gives a closed list of “crimes of violence” that cannot be expunged under the first-offender, multi-misdemeanor, or deferred-sentence paths. Here is the list:

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.

That list is closed. If your offense is not on it, the crime-of-violence exclusion does not apply to you — even if your offense involved violent conduct in a general sense. The list defines “crime of violence” only for this chapter; other Rhode Island statutes use a broader list (the firearm-prohibition list at § 11-47-2 is a much wider net).

Some examples of offenses that are not on the list, and therefore not blocked by this exclusion:

• Simple assault — not on the list
• Domestic assault — not on the list (though it is excluded from the multi-misdemeanor path under chapter 29 of title 12, separately)
• Disorderly conduct — not on the list

A meaningful number of clients come in assuming any conviction involving violence is barred from expungement. The statute is more specific than that.

There is pending legislation in this session (H 8081 and H 8083) that would expand the crime-of-violence list. Neither has passed as of April 27, 2026. We monitor these bills weekly during the legislative session and update this page within days if any of them are enacted.

The procedure step-by-step

Here is what the process looks like, start to finish:

1. We figure out which path applies. Different paths have different waiting periods and different exclusions. The right starting point is the eligibility analysis in Section 4 above, and we do this analysis in the consultation before filing anything.

2. We confirm your wait is up. This means pulling your sentencing paperwork — judgment of conviction, probation discharge, any restitution receipts. The clock runs from when every part of your sentence ended. If you have any unpaid fines, court costs, or restitution, those have to be paid first (or formally waived by the court) before your petition can be granted.

3. We pull a current BCI report. A Bureau of Criminal Identification report shows what is on your official record. We need it to confirm exactly which records the court will be asked to seal. The BCI Unit at the Rhode Island Attorney General’s Office runs these. The fee is $5.00 — waived if you are 62 or older or have a qualifying disability.

4. We file your Motion to Expunge. District Court convictions are filed in District Court. Superior Court convictions in Superior Court. The motion identifies what you want expunged, which path applies, when you finished your sentence, and that nothing on your record disqualifies you. The forms are available from the Rhode Island Judiciary: the District Court Motion to Expunge or Seal and Affidavit, the Superior Court Motion and Affidavit (Misdemeanor), and the Superior Court Motion and Affidavit (Felony).

5. We give the AG and the police ten days’ notice. The statute (§ 12-1.3-3(a)) requires that we notify both the Department of the Attorney General and the police department that brought the original charge. Notice less than ten days before the hearing forces a reschedule, so we get this right the first time.

6. We attend the hearing with you. You generally need to be there. The court has to find six things to grant the petition: that nothing has been added to your record in the relevant window (five years for misdemeanor, ten for felony or multi-misdemeanor), that no criminal cases are pending, that all fines and costs are paid or waived, that you have shown good moral character, that your rehabilitation is satisfactory to the court, and that expungement is in the public interest. The findings under § 12-1.3-3(b) are mandatory — meaning the court has discretion to deny on any of them, even if you are technically eligible.

7. The court issues the order. No fee at grant since July 3, 2021. The order specifies which records to seal and which agencies have to be served.

8. The order is served on the agencies. That means the AG’s Office, the originating police department, the BCI, the court of conviction, and any other agency known to hold relevant records. They each comply with the order according to its terms.

Ready to start the process? Call (401) 228-8271 for a free, confidential consultation. We’re available 24/7.

For the complete procedural walkthrough, including BCI Unit contact information, the specific Motion to Expunge forms for each court, the AG’s review process, and what to expect at the hearing, see How the Rhode Island Expungement Process Works.

What happens after expungement is granted (§ 12-1.3-4)

The point of expungement is what happens after the court grants it. Section 12-1.3-4 spells this out.

You can answer “no” on most applications. This is the practical heart of expungement. After your record is expunged, you can lawfully say “I have never been convicted of [this crime]” on most job applications, rental applications, professional licensing applications, civil-rights applications, and as a witness. The statute calls this being “released from all penalties and disabilities resulting from the crime” (§ 12-1.3-4(a)).

There are five carve-outs where you still have to disclose:

1. Law enforcement positions — applying for any law enforcement agency
2. Bar admission — applying for admission to the bar of any court
3. Teaching certificates — under chapter 11 of title 16
4. Coaching certificates — under § 16-11.1-1
5. Early childhood education — operator or employee positions at facilities under chapter 48.1 of title 16

In any of those five contexts, you have to disclose the conviction. Everywhere else — meaning most private-sector employment, most licensing, most housing, civil litigation, voter registration, jury service applications — you can answer “no.”

There is pending legislation (H 7828 and H 8081) that would add a sixth carve-out for firearms permit applications. Neither has passed as of April 27, 2026.

The expunged record can still be used against you for sentencing if you get convicted later. This is the main exception built into § 12-1.3-4(a). If you get convicted of a new crime down the line, the court can consider the expunged conviction as a prior for sentencing purposes. Expungement removes most public consequences of the conviction; it does not erase the legal fact of it for recidivism purposes.

Whoever holds your sealed records is not allowed to disclose they exist. Section 12-1.3-4(c) tells the custodian of expunged records to deny their existence in response to inquiries — with five narrow exceptions: inquiries from you, from a sentencing court after a later conviction, from a bar character-and-fitness committee, from the commissioner of elementary and secondary education, or from a law enforcement agency where the expunged offense’s nature would affect a subsequent charge.

If a record-holder violates the order, they are civilly liable. Section 12-1.3-4(d) creates a real cause of action: any agency or person who willfully refuses to carry out the expungement order, or who willfully releases or allows access to expunged records, “shall be civilly liable.” We have brought § 12-1.3-4(d) claims when expunged records were improperly disclosed by background-check vendors. The remedy is real.

The protections in § 12-1.3-4 are the actual value of expungement. The mechanical sealing-of-records is the means; the answer-no rule and the disclosure restrictions are the benefit.

Sealing vs. expungement: the actual legal distinction

Expungement and sealing are two different things in Rhode Island law, and the difference matters.

Expungement under Chapter 12-1.3 is for convictions. Everything we have covered above is expungement.

Sealing under §§ 12-1-12 and 12-1-12.1 is for cases that ended without a conviction — meaning a dismissal, an acquittal, a no-information, a no-true-bill, or some other form of exoneration. If your case did not result in a conviction, you do not need expungement; you need sealing, which is a different statute with a different process.

The most important — and least reported — recent change in Rhode Island sealing law is automatic sealing for post-2023 dismissals.

Automatic sealing under § 12-1-12.1(a)(1). Added by P.L. 2023, ch. 154 / ch. 155, effective June 20, 2023. If your case was dismissed by the prosecutor under District Court Rule of Criminal Procedure 48(a) on or after January 1, 2023, the court automatically seals your records — including BCI records — within ten to twenty days of dismissal. No motion. No fee. No client action required.

If you have a Rule 48(a) dismissal from this period, the sealing has already happened or is happening automatically. You do not have to file anything. We have confirmed this works at the District Court level. If you have a Rule 48(a) dismissal from this period and your record is still showing up on background checks more than thirty days later, something has gone wrong — call us and we will look into it.

The other sealing situations:

Pre-2023 Rule 48(a) dismissals (§ 12-1-12.1(a)(2)). Sealing is not automatic. You request it from the court clerk, who issues an electronic order to the BCI within five days; the sealing is carried out within ninety days. No fee, but you have to ask.

Other acquittals and exonerations (§ 12-1-12.1(b)). For acquittals after trial, no-true-bill, no-information, and other forms of exoneration outside Rule 48(a), you file a motion. Ten-day notice to the AG and the originating police department. The clerk seals the records within forty-five days of the order.

Identification records (§ 12-1-12). Fingerprints and photos from an acquittal or exoneration are destroyed within sixty days, with one carve-out: if you have a prior felony conviction, only the records from the trial that produced the acquittal are destroyed.

Domestic violence three-year hold. Records relating to a DV charge are held for three years from the date of filing, regardless of disposition. Sealing is delayed until that period runs out (§ 12-1-12.1(c) and § 12-1-12(c)).

If you do not know whether your case ended in a conviction or not — and many people genuinely do not, because plea dispositions, deferred sentences, and dismissals look similar to a layperson — call us. We will pull your record and tell you which statute applies.