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 R.I. Gen. Laws § 12-1-12 — the procedural sealing statute this page covers. Reviewed for legal accuracy by Stefanie A. Murphy, Esq. | Updated: May 7, 2026

Does Rhode Island Have Both Sealing and Expungement?

Yes — and they are not interchangeable. Rhode Island law provides two distinct procedures for clearing a criminal record, and the right one depends entirely on how your case ended.

Sealing applies to cases that did not result in a conviction — dismissals, not-guilty verdicts, and nolle prosequis. It is governed by R.I. Gen. Laws § 12-1-12 and, for cases dismissed under Rule 48(a) on or after January 1, 2023, by § 12-1-12.1(a)(1) (which seals automatically, no motion required).

Expungement applies to convictions. It is governed by Chapter 12-1.3 of the General Laws — primarily § 12-1.3-2 (eligibility) and § 12-1.3-3 (procedure) — and it has waiting periods, a good-moral-character finding, and a closed list of permanently barred offenses.

The terminology is confusing because the expungement statute itself uses the word “sealing” to describe what happens to the record after expungement. But the two processes operate on entirely different categories of cases. Convictions get expunged. Non-convictions get sealed. Filing the wrong motion will get your petition denied at the door.

What Is Record Sealing in Rhode Island?

Sealing applies to non-conviction case outcomes. If your case ended in any of the following, sealing under § 12-1-12 (or automatic sealing under § 12-1-12.1(a)(1)) is the right path — not expungement:

• Dismissed charges (with or without prejudice)
• Not-guilty verdicts at trial
• Nolle prosequis (charges dropped by the prosecution)
• Cases resolved through a “filing” once the deferral period ends
• No true bill returned by a grand jury
• No information filed by the prosecution after arrest

The effect of sealing is that your record is removed from public view. Standard employer and tenant background checks will not show the sealed case. Law enforcement, courts, and certain government agencies retain access in narrow circumstances, but for most practical purposes — applying for a job, renting an apartment, applying for a professional license — a sealed record functions the same as a record that never existed.

Two Sealing Pathways in Rhode Island

1. Automatic sealing for post-2023 Rule 48(a) dismissals — § 12-1-12.1(a)(1). For any case dismissed by the prosecution under Rule 48(a) on or after January 1, 2023, the court is required to seal the record automatically within 10 to 20 days of dismissal. No motion. No hearing. No filing fee. If your case 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.

2. Motion to Seal for everything else — § 12-1-12. For pre-2023 dismissals, not-guilty verdicts at trial (which fall outside Rule 48(a)), nolle prosequis, and cases that resolved through a “filing,” you must affirmatively file a Motion to Seal under § 12-1-12 in the court where the case was originally heard. There is no waiting period for most of these (see the filing-specific timing rules below) and no filing fee.

The Rhode Island Supreme Court interpreted § 12-1-12 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.

What About “Filings”?

A “filing” in Rhode Island is a specific case disposition that sits between conviction and dismissal. The case is placed on hold while you complete certain conditions — community service, counseling, treatment, restitution, or a period of good behavior. Once you complete the conditions, the case is dismissed.

After that dismissal, sealing is available — but with a specific waiting period:

• 1 year from the date of dismissal for most filed cases
• 3 years from the date of dismissal if the underlying charge was a domestic-violence offense

This is where many petitioners get tripped up. People who completed a filing years ago often assume sealing is immediately available once the case dismisses. It isn’t. The 1-year and 3-year waiting periods are statutory, and a Motion to Seal filed inside those windows will be denied. The clock runs from the date of the dismissal — not the date the conditions were completed and not the date of the original arrest.

What About Pre-Legalization Marijuana Possession?

A separate automatic-relief path applies under § 12-1.3-5: pre-legalization marijuana possession convictions for conduct now lawful under Rhode Island’s 2022 legalization are processed automatically by the court on a rolling basis. This is technically expungement, not sealing, but functionally it operates like automatic sealing — no motion, no hearing, no filing fee. If your BCI report still shows a pre-legalization marijuana possession conviction, the automatic processing may not yet have reached your record. Call our office at (401) 228-8271 to verify status.

What Is Expungement in Rhode Island?

Expungement is the procedure for clearing a criminal conviction. It is governed by Chapter 12-1.3 of the Rhode Island General Laws — which the statute defines, somewhat confusingly, as “the sealing and retention of all records of a conviction.”

That phrase matters for two reasons. First, it explains why people use “sealing” and “expungement” interchangeably — the expungement statute itself contains the word “sealing.” Second, the word “retention” tells you that expunged records are not physically destroyed in all cases. The records are sealed and removed from public view, but they are retained by the state and remain accessible to law enforcement, the judiciary, and certain federal authorities under narrow circumstances.

After expungement, Rhode Island law allows you to legally state — on most job applications, housing applications, and under oath in most contexts — that you have not been convicted of the expunged offense. The exceptions are narrow but important (see the disclosure exceptions section below).

Eligibility Paths Under § 12-1.3-2

Five substantive eligibility paths exist:

• Single first-offender misdemeanor — § 12-1.3-2(a) and (c): one misdemeanor conviction, 5-year wait from sentence completion, no other convictions of any kind.
• Multi-misdemeanor (2 to 5 misdemeanors) — § 12-1.3-2(b): up to five misdemeanor convictions, no felony convictions, 10-year wait from completion of the most recent sentence; excludes DUI, chemical-test refusal, and domestic-violence convictions.
• Single first-offender non-violent felony — § 12-1.3-2(a) and (d): one felony conviction, 10-year wait from sentence completion, no other convictions.
• Pre-July-2021 simple drug felonies and pre-2012 sub-$1,500 larceny felonies — § 12-1.3-1(5) (added by 2024 amendment): these offenses are treated as misdemeanors for expungement purposes, placing them on the 5-year track instead of the 10-year felony track.
• Pre-legalization marijuana possession — § 12-1.3-5: automatic, no motion required.

For a complete walk-through of which path applies to which record, see our Rhode Island expungement eligibility guide.

What Cannot Be Expunged Under § 12-1.3-1(1)

The Rhode Island expungement statute contains a closed list of “crimes of violence” that are permanently barred from expungement, regardless of how much time has passed:

• Murder and manslaughter
• First-degree arson
• Kidnapping with intent to extort
• Robbery
• Larceny from the person
• First- and second-degree sexual assault
• First- and second-degree child molestation
• Three assault-with-intent offenses (to murder, to rob, to commit first-degree sexual assault)
• Burglary
• Entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny

A common misconception: domestic-violence misdemeanors are not per se on the § 12-1.3-1(1) list. A single DV misdemeanor conviction may be expungeable under the single-misdemeanor path at § 12-1.3-2(a) and (c) after 5 years. The DV exclusion comes in only at § 12-1.3-2(b), which bars DV convictions from the multi-misdemeanor path. DV expungement petitions face heightened AG scrutiny but are not categorically barred.

Another common misconception: DUI is not on the § 12-1.3-1(1) closed list either. First-offense misdemeanor DUI convictions are expungeable under the single-misdemeanor path at § 12-1.3-2(a) and (c) after 5 years from sentence completion. Multi-DUI petitions and felony DUI convictions face different rules; see our Rhode Island DUI expungement guide for specifics.

Sealing vs. Expungement — Side-by-Side Comparison

The table below captures the most important distinctions. The starting question is always: did your case end in a conviction or not? The answer determines which column applies.

Which Process Do You Need?

The right process depends on how your case ended. Use these scenarios to find your starting point.

If Your Charges Were Dismissed (On or After Jan 1, 2023)

If your case was dismissed under Rule 48(a) on or after January 1, 2023, sealing should be automatic under § 12-1-12.1(a)(1). The court has 10 to 20 days to seal the record. No motion needed, no filing fee, no hearing. If the automatic processing didn’t happen — sometimes it doesn’t, particularly in older systems — call the court of disposition or our office to verify and file an expedited Motion to Seal if needed.

If Your Charges Were Dismissed (Before Jan 1, 2023) or You Were Acquitted

File a Motion to Seal under § 12-1-12 in the court where the case was heard. No waiting period. No filing fee. The hearing typically resolves in 60 to 90 days from filing. AG objections at this stage are rare. The Charlwood precedent expands eligibility for cases involving first civil violations.

If Your Charges Were Resolved Through a “Filing”

Sealing is available, but with a waiting period: 1 year from the date of dismissal for most filed cases, 3 years if the underlying charge was a domestic-violence offense. Don’t file inside those windows — your motion will be denied. After the waiting period runs, file a Motion to Seal under § 12-1-12 in the court of disposition.

If You Were Convicted of a Misdemeanor

Expungement is your path. Five-year wait from sentence completion under § 12-1.3-2(a) and (c) for a single first-offender misdemeanor; 10 years under § 12-1.3-2(b) for multiple misdemeanors (with DUI/refusal/DV exclusions). See our Rhode Island misdemeanor expungement guide for full eligibility analysis and the procedural walkthrough.

If You Were Convicted of a Non-Violent Felony

Expungement is available under § 12-1.3-2(a) and (d) — but only after a 10-year wait from sentence completion, only for one felony, and only if the offense is not on the closed § 12-1.3-1(1) crime-of-violence list. Filed in Superior Court. See our Rhode Island felony expungement guide for Superior Court specifics, AG-objection rates, and which felony offenses qualify.

If You Were Convicted of a DUI

A first-offense misdemeanor DUI conviction is expungeable under § 12-1.3-2(a) and (c) after 5 years from sentence completion — DUI is not on the closed § 12-1.3-1(1) list. Multi-DUI convictions, felony DUIs, and refusal convictions face different procedural rules. See our Rhode Island DUI expungement guide for the specifics.

If You Have a Pre-Legalization Marijuana Conviction

Automatic expungement under § 12-1.3-5. The court processes these on a rolling basis. If your BCI still shows it, processing may not have reached your record. Call to verify and, if needed, file an expedited petition.

After Sealing or Expungement — What Can You Say?

The disclosure rules differ subtly between sealing and expungement, but the practical effect is similar.

After sealing under § 12-1-12 (or automatic sealing under § 12-1-12.1(a)(1)): Because there was never a conviction, you can truthfully state on most applications that you have not been convicted of the offense. The arrest record is removed from public view; only law enforcement, courts, and certain authorized government agencies can access it.

After expungement under Chapter 12-1.3: Rhode Island law permits you to legally state on most job applications, license applications, and under oath in most civil and criminal proceedings that you have not been convicted of the expunged offense. The conviction is treated as if it never occurred.

Disclosure Exceptions

Both processes have narrow disclosure exceptions. Disclosure may still be required when applying for:

• Employment with a law enforcement agency
• Bar admission to practice law
• A teaching certificate or coaching credential through the Commissioner of Education
• Employment or licensure at an early childhood education facility
• Healthcare licensing (in some contexts)
• Sentencing in a subsequent criminal case
• Federal firearms purchases — federal firearms disability under 18 U.S.C. § 922(g) operates independently of state expungement or sealing
• Federal security clearance investigations
• Federal immigration proceedings — federal authorities may continue to consider an expunged or sealed RI conviction for removal, naturalization, or admissibility purposes

For non-citizens, the immigration consequences of an expunged conviction are governed by federal law. Consult immigration counsel before relying on Rhode Island sealing or expungement for any federal immigration matter.

Common Misconceptions

“Sealing and expungement are the same thing.” No — they apply to different categories of cases (non-convictions vs. convictions) and operate under different statutory frameworks.

“My case dismissed years ago, so I don’t need to do anything.” Possibly wrong. Pre-2023 dismissals do not seal automatically. Even post-2023 Rule 48(a) dismissals occasionally fail to process. Pull your BCI report to verify status before assuming.

“I have a felony conviction so I’m permanently barred.” Often wrong. Most non-violent felonies are expungeable after a 10-year wait under § 12-1.3-2(a) and (d). Only the closed § 12-1.3-1(1) crime-of-violence list creates a permanent bar.

“I have a DUI conviction so it can never be cleared.” Wrong. DUI is not on the § 12-1.3-1(1) closed list. A first-offense misdemeanor DUI is expungeable after 5 years.

“I have a domestic-violence misdemeanor so I’m out of luck.” Often wrong. A single DV misdemeanor is expungeable under § 12-1.3-2(a) and (c) after 5 years. The DV exclusion only applies to the multi-misdemeanor path at § 12-1.3-2(b).

“I have multiple misdemeanors so I have to file separate motions.” Often wrong. Up to 5 misdemeanors can be cleared in a single proceeding under § 12-1.3-2(b) — with the DUI/refusal/DV exclusions noted above.

“My case was on a ‘filing’ and dismissed, so I can seal it now.” Wrong if it dismissed less than 1 year ago (or 3 years for DV filings). The waiting periods are statutory.

“Once my record is sealed/expunged, no one will ever see it.” Mostly true for state purposes, but federal records, federal firearms checks, federal security clearance investigations, and certain professional-licensing applications fall outside state expungement or sealing.

Why Counsel Matters — Even on a “Simple” Sealing or Expungement

Both procedures are technically open to self-represented petitioners. The rate of denial and continuance for pro se filings is meaningfully higher than for represented ones. Counsel adds the most value when:

• The path isn’t obvious. Multi-misdemeanor petitions, § 12-1.3-1(5) reclassification petitions, single DV misdemeanor framing, deferred sentences, and pre-2010 cases each require a different statutory argument.
• The good-moral-character finding may be contested. If the AG objects on character grounds at an expungement hearing, you need someone to argue the record on the spot.
• 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 applies.
• You’re filing a Motion to Seal post-Charlwood. The Charlwood-expanded eligibility theory under § 12-1-12(b) requires careful framing.

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 procedural sealing 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 record-clearing matters under every procedure in Chapter 12-1.3 and § 12-1-12 — single first-offender misdemeanor and felony, multi-misdemeanor under § 12-1.3-2(b), § 12-1.3-1(5) reclassification, § 12-1.3-5 marijuana auto-expungement, § 12-1-12 motions to seal, and § 12-1-12.1(a)(1) automatic sealing verification — for nearly twenty years. Our Providence office has 451 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 whether your case calls for sealing or expungement, identify the right statute, and tell you exactly where you stand — before you pay anything. There is no obligation to hire after your first call.

Frequently Asked Questions About Sealing and Expungement in Rhode Island

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