Expunging a Criminal Record in Rhode Island (2026)
Reviewed by DocDraft Legal Team · Rhode Island · Last updated August 19, 2026
Rhode Island lets you clear a criminal record two ways: expungement of a conviction and sealing of a case that did not end in a conviction. Under the Expungement of Criminal Records Act, R.I.G.L. Chapter 12-1.3, a first offender with a single misdemeanor conviction can move to expunge five years after completing the sentence, and a single felony conviction ten years after completion. Cases that ended in dismissal, acquittal, a no true bill, or a no information can be sealed under R.I.G.L. 12-1-12 and 12-1-12.1. Crimes of violence and certain offenses are excluded. Petitions are filed in the Rhode Island court where the case was heard, and the Attorney General's Bureau of Criminal Identification updates the state record.
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What are you trying to clear?
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What record-clearing relief does Rhode Island offer, and what is it called?
Rhode Island offers two things. Expungement under R.I.G.L. Chapter 12-1.3 removes an eligible conviction from public access. Sealing under R.I.G.L. 12-1-12 and 12-1-12.1 covers cases that ended without a conviction, such as a dismissal, acquittal, no true bill, or no information. The terms are not interchangeable.
Who is eligible to expunge a record in Rhode Island, and what is the waiting period?
A first offender, meaning a person with a single conviction and no other convictions or probation, may expunge one misdemeanor five years after completing the sentence, or one felony ten years after completion, under R.I.G.L. 12-1.3-2 and 12-1.3-3. People with two to six misdemeanors face longer waits. Crimes of violence are excluded.
Can you expunge a felony conviction in Rhode Island?
Yes, but narrowly. A first offender with a single felony conviction may petition to expunge it ten years after completing the full sentence, including probation and parole, under R.I.G.L. 12-1.3-3. Crimes of violence cannot be expunged. Certain offenses like DUI or domestic violence are barred unless you qualify as a first-time offender.
Does Rhode Island have automatic 'clean slate' sealing?
In part. Rhode Island moved toward automatic relief for non-convictions: certain cases dismissed by the prosecution under District or Superior Court Rule 48(a) are sealed by the court without a motion or fee. Expungement of a conviction under R.I.G.L. Chapter 12-1.3 still requires filing a motion and, usually, a hearing.
How much does it cost to expunge a record in Rhode Island?
Rhode Island charges a filing fee for a motion to expunge a conviction, commonly cited around 100 dollars per case under R.I.G.L. Chapter 12-1.3. Sealing of a non-conviction and automatic Rule 48(a) sealing generally carry no fee. Confirm the current amount with the clerk of the court where you file.
How Rhode Island Expungement and Sealing Work Under R.I.G.L. Chapter 12-1.3
Rhode Island separates two forms of relief. Expungement under R.I.G.L. Chapter 12-1.3 clears an eligible conviction from public view, while sealing under R.I.G.L. 12-1-12 and 12-1-12.1 applies to cases that never ended in a conviction, such as a dismissal, acquittal, no true bill, or no information. The core of the expungement statute is the first-offender rule: a person with a single conviction and no other convictions or probation may move to expunge one misdemeanor five years after completing the sentence, or one felony ten years after completion, under R.I.G.L. 12-1.3-2 and 12-1.3-3. The state also allows expungement for people with two to six misdemeanor convictions after longer waits, and for successfully completed deferred sentences and other deferred dispositions. Crimes of violence are categorically excluded, and offenses like driving under the influence, refusal to submit to a chemical test, and domestic violence cannot be expunged unless you qualify as a first-time offender. Rhode Island has moved toward more automatic relief for non-convictions: certain cases dismissed under Rule 48(a) are now sealed by the court without a motion or fee. You file a motion to expunge in the Rhode Island District Court or Superior Court where the case was heard, generally with a hearing, and the Attorney General's Bureau of Criminal Identification, along with the court and any police agency, updates the state record. Expungement is not always a full erasure; law enforcement, the courts, and some licensing and immigration authorities may still access the record for defined purposes.
Relevant Laws
Expungement of Criminal Records Act (R.I.G.L. Chapter 12-1.3)
Rhode Island's main conviction-clearing statute. It authorizes expungement of an eligible conviction, defines a first offender as a person with a single conviction and no other convictions or probation, and sets the process for filing a motion in the court that heard the case.
First-Offender Waiting Periods (R.I.G.L. 12-1.3-2 and 12-1.3-3)
Sets the waiting periods that run from completion of the sentence: five years before a first offender may move to expunge a single misdemeanor, and ten years before a first offender may move to expunge a single felony. Crimes of violence are excluded.
Sealing of Non-Conviction Records (R.I.G.L. 12-1-12 and 12-1-12.1)
Governs sealing of cases that did not end in a conviction, including dismissals, acquittals, a no true bill, or a no information. Certain cases dismissed under Rule 48(a) are sealed by the court without a motion or fee, reflecting Rhode Island's move toward more automatic relief.
No General Federal Expungement of State Records
There is no general federal law that expunges a Rhode Island state conviction. Record clearing here is governed by Rhode Island statute, so a state conviction is addressed through R.I.G.L. Chapter 12-1.3 expungement or R.I.G.L. 12-1-12 sealing, not through a federal filing.
Regional Variances
Rhode Island Expungement and Sealing Eligibility Table
Relief type and name
Two mechanisms. Expungement under R.I.G.L. Chapter 12-1.3 clears an eligible conviction from public access. Sealing under R.I.G.L. 12-1-12 and 12-1-12.1 hides a case that ended without a conviction. Rhode Island does not use 'set-aside' or 'annulment' terminology for this relief.
First-offender misdemeanor: 5-year wait
A first offender, defined as a person with a single conviction and no other convictions or probation, may move to expunge one misdemeanor conviction five years after completing the sentence, including probation and parole, under R.I.G.L. 12-1.3-2. People with two to six misdemeanors face longer waits.
First-offender felony: 10-year wait
A first offender with a single felony conviction may move to expunge it ten years after completing the full sentence, including probation and parole, under R.I.G.L. 12-1.3-3. The court holds a hearing, and the Attorney General may object before the motion is granted or denied.
Non-conviction sealing
Cases ending in dismissal, acquittal, a no true bill, or a no information can be sealed under R.I.G.L. 12-1-12 and 12-1-12.1. Sealing applies broadly to non-convictions and generally carries no filing fee, unlike expungement of a conviction.
Excluded offenses
Crimes of violence cannot be expunged. Convictions for driving under the influence, refusal to submit to a chemical test, and domestic violence are barred unless you qualify as a first-time offender under R.I.G.L. Chapter 12-1.3. Confirm your specific charge, since exclusions are offense-specific.
Clean-slate and automatic relief
Rhode Island has moved toward automatic sealing for non-convictions: certain cases dismissed under District or Superior Court Rule 48(a) are sealed by the court without a motion or fee. Expungement of a conviction under R.I.G.L. Chapter 12-1.3 still requires a motion and, usually, a hearing.
Suggested Compliance Checklist
Confirm Rhode Island eligibility and the waiting period
Before you file days after startingVerify you qualify as a first offender under R.I.G.L. Chapter 12-1.3 and that your offense is not a crime of violence or another excluded category. Confirm the waiting period has run: five years after completing a misdemeanor sentence, or ten years after completing a felony sentence, measured from the end of probation and parole.
Obtain your Rhode Island criminal history and completion dates
Before drafting the motion days after startingGet your criminal record through the Attorney General's Bureau of Criminal Identification so you can confirm the offense, the disposition, and the exact sentence-completion date. Accurate dates are essential because the five-year and ten-year clocks under R.I.G.L. Chapter 12-1.3 run from completion of the sentence, not from the conviction date.
Prepare the correct motion to expunge or to seal
Before filing days after startingDraft a Motion to Expunge under R.I.G.L. Chapter 12-1.3 for an eligible conviction, or a Motion to Seal under R.I.G.L. 12-1-12 or 12-1-12.1 for a case that ended without a conviction. Use the current Rhode Island Judiciary forms and confirm the correct court, since District and Superior Court handle different offense levels.
File in the correct Rhode Island court and address the fee
On filing days after startingFile in the Rhode Island court that heard the case and pay the expungement filing fee, commonly cited around 100 dollars per case. Sealing of a non-conviction generally carries no fee. Ask the clerk about a fee waiver if you cannot pay, and confirm the current amount before you submit.
Serve the Attorney General and confirm the record update
Through the hearing and after the order days after startingEnsure the Attorney General receives notice, attend the hearing, and be ready to show completed sentence, waiting period met, and rehabilitation. After an order is granted, confirm the court, police agencies, and the Bureau of Criminal Identification seal or remove the record. An attorney can help if the Attorney General objects or the case is complex.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm Rhode Island eligibility and the waiting period | Verify you qualify as a first offender under R.I.G.L. Chapter 12-1.3 and that your offense is not a crime of violence or another excluded category. Confirm the waiting period has run: five years after completing a misdemeanor sentence, or ten years after completing a felony sentence, measured from the end of probation and parole. | - | Before you file |
| Obtain your Rhode Island criminal history and completion dates | Get your criminal record through the Attorney General's Bureau of Criminal Identification so you can confirm the offense, the disposition, and the exact sentence-completion date. Accurate dates are essential because the five-year and ten-year clocks under R.I.G.L. Chapter 12-1.3 run from completion of the sentence, not from the conviction date. | - | Before drafting the motion |
| Prepare the correct motion to expunge or to seal | Draft a Motion to Expunge under R.I.G.L. Chapter 12-1.3 for an eligible conviction, or a Motion to Seal under R.I.G.L. 12-1-12 or 12-1-12.1 for a case that ended without a conviction. Use the current Rhode Island Judiciary forms and confirm the correct court, since District and Superior Court handle different offense levels. | - | Before filing |
| File in the correct Rhode Island court and address the fee | File in the Rhode Island court that heard the case and pay the expungement filing fee, commonly cited around 100 dollars per case. Sealing of a non-conviction generally carries no fee. Ask the clerk about a fee waiver if you cannot pay, and confirm the current amount before you submit. | - | On filing |
| Serve the Attorney General and confirm the record update | Ensure the Attorney General receives notice, attend the hearing, and be ready to show completed sentence, waiting period met, and rehabilitation. After an order is granted, confirm the court, police agencies, and the Bureau of Criminal Identification seal or remove the record. An attorney can help if the Attorney General objects or the case is complex. | - | Through the hearing and after the order |
Frequently Asked Questions
Plan for a few months. After you file a Motion to Expunge in the Rhode Island court that heard the case, the clerk sets a hearing date, and the Attorney General receives notice and can respond. Once a judge grants the motion, R.I.G.L. Chapter 12-1.3 gives the agencies a set window to seal or remove the records, so updates to background reports can lag the order.
Sometimes yes. Expungement under R.I.G.L. Chapter 12-1.3 removes a conviction from public access, but the record is not destroyed for every purpose. Law enforcement, the courts, and certain licensing authorities, including for jobs involving children, the elderly, or law enforcement, may still access an expunged record when Rhode Island or federal law specifically allows it.
Generally yes, with limits. Once a conviction is expunged in Rhode Island, you may usually answer that you have not been convicted, and R.I.G.L. Chapter 12-1.3 provides that an expunged record need not be disclosed for most employment questions. Exceptions apply for certain regulated positions, such as those working with children, the elderly, or in law enforcement, where disclosure can still be required.
Only in limited cases. A conviction for driving under the influence or refusal to submit to a chemical test is generally not eligible for expungement in Rhode Island unless you qualify as a first-time offender under R.I.G.L. Chapter 12-1.3. Because the rules are narrow and offense-specific, confirm your exact charge and disposition before assuming a DUI can be cleared.
They apply to different outcomes. Expungement under R.I.G.L. Chapter 12-1.3 clears an eligible conviction. Sealing under R.I.G.L. 12-1-12 and 12-1-12.1 applies to cases that ended without a conviction, such as a dismissal, acquittal, no true bill, or no information. Some Rule 48(a) dismissals are now sealed automatically by the court without a motion or fee.
Other Rhode Island guides
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