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Rhode Island record expungement

Anyone in Rhode Island who has been convicted of a non-violent offense can be eligible to have his or her record expunged, as long as they do not have any other pending charges against them. Also, people being placed on probation more than one time are not eligible to have record expunged. Individuals petitioning for expungement must wait five years after successful completion of probation or of the sentence, and ten years after for a felony conviction.

Ultimately it is up to the judge to determine if you are eligible to have your record expunged, and the law in Rhode Island also requires that you must prove that you deserve have your record expunged. You must show things such as good moral character, show that you have been rehabilitated to the courts liking, and that the public will not be harmed in any way by having your record expunged. Some things that judges look for when determining if you are eligible to have your record expunged are employment and source of income, completion of counseling, community service, or if you have or are working on a college degree or certificate.

If someone is going to apply for expungement they have to start by filing an order with the court. Most of the courts have blank motions to expunge your record that you can file with court yourself. The court's Clerk's Office maybe be able to help you with finishing the required paperwork as well as scheduling the motion for a hearing and setting up the time where you will be in front of the judge. Following filing the motion to expunge, it is essential that you give notice to the Department of Attorney General and the police department that charged you with the offense, giving them the time and date of the hearing. On the day that your motion to expunge is heard by the court you should be prepared to show the court everything mentioned before about having good moral character, and being successfully rehabilitated, among other things.

If the court allows you to have your criminal record expunged, the court will provide you with copies of an order requiring anything and everything regarding the case be erased and also everything removed from all databases. You should also mail an expungement order to the Department of Attorney General or any other law enforcement agency that maybe have copies of your records.

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