R.I. Gen. Laws § 3-8-12 deals with expunging certain criminal records. The statute says: “The court records of conviction of any person convicted of a violation of § 3-8-6, 3-8-9, or 3-8-10, while between the age of eighteen (18) to twenty-one (21) shall be expunged without the requirement of filing a motion pursuant to chapter 1.” R.I. Gen. Laws § 3-8-12 speaks in expungement. R.I. Gen. Laws § 12-1-12.2 speaks in sealing. They are different orders.
Read R.I. Gen. Laws § 12-1-12.2 when the issue is expunging an arrest record. The statute says: “(1) Law enforcement agency means the department of attorney general; the superintendent of the state police, or his or her designee; the member, or members, of the police department of any city or town; a state or local police organization of this or any…”
When a different section applies
Where petitions fail
Petition of Ronald F. Crepeau-Cross, 120 R.I. 67 (1978) is worth reading in full. The opinion puts it this way: “The District Court judge further ruled that §12-1-13 does not permit the expunction of either a criminal complaint or a summons.”
State v. James Briggs; State v. Anna M. Matthias (Mathias), 58 A.3d 164 (2013) is worth reading in full. The opinion puts it this way: “Under the expungement regime, a person whose conviction of a crime had been expunged was not required to disclose his or her conviction except in certain enumerated circumstances—for example, the fact of an expunged conviction must be disclosed in applications “for a law…”
Read in this order
- Open R.I. Gen. Laws § 3-8-12 and read the part on expunging certain criminal records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Rhode Island county uses, then check the form against R.I. Gen. Laws § 3-8-12.
- Then read Petition of Ronald F. Crepeau-Cross, 120 R.I. 67 (1978). That is a Rhode Island court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Rhode Island?
Read R.I. Gen. Laws § 3-8-12 when the issue is expunging certain criminal records. The statute says: “The court records of conviction of any person convicted of a violation of § 3-8-6, 3-8-9, or 3-8-10, while between the age of eighteen (18) to twenty-one (21) shall be expunged without the requirement of filing a motion pursuant to chapter 1.” R.I. Gen. Laws § 3-8-12 speaks in expungement. R.I. Gen. Laws § 12-1-12.2 speaks in sealing. They are different orders.
How have Rhode Island courts ruled on expungement and sealing?
Petition of Ronald F. Crepeau-Cross, 120 R.I. 67 (1978) “The District Court judge further ruled that §12-1-13 does not permit the expunction of either a criminal complaint or a summons.”
County practice in Rhode Island can add a local form. It cannot replace R.I. Gen. Laws § 3-8-12.