In 2017, Abilheira Law informed readers of a new law which allowed individuals to expunge up to five (5) misdemeanor convictions. Now, this legislative session, lawmakers have proposed new legislation that would expand this law to allow the expungement of multiple felony convictions.
Currently, under Rhode Island law, individuals are only eligible to expunge one felony if:
- They are a “first time offender,” with no other criminal convictions or probation sentences for misdemeanors or felonies;
- The felony is not considered a crime of violence; and
- They have waited ten (10) years since the completion of the sentence.
Under newly introduced House Bill 5294, individuals would still be eligible for expungement as a “first time offender” but others would also be able to expunge multiple felony convictions if:
- They have been convicted of more than one (1) but less than six (6) felonies;
- The felony is not considered a crime of violence; a domestic violence charge, a DUI charge, or a chemical test refusal.
- They have waited twenty (20) years since the completion of their last felony sentence.
With either avenue of felony expungement, petitioners must demonstrate that they have been rehabilitated and are of good moral character. Additionally, they cannot have been arrested nor convicted of any misdemeanor or felony in the ten (10) or twenty (20) years leading up to the motion, respectively. Finally, they must not have any pending criminal charges nor owe any outstanding court-imposed or court-related fees, fines, costs, or assessments.
Please note, that if the court grants a Motion to Expunge, there is a one-hundred-dollar ($100) fee due to the court, per motion.
In addition to felony expungement, under Rhode Island law, individuals are also eligible to expunge or seal other charges that were dismissed, resulted in a filing, resulted in a deferred sentence, or have since been decriminalized.
For more information on expungement eligibility, contact the skilled Rhode Island expungement attorneys at Abilheira Law today. Our experienced attorneys have set precedent on expungement law in Rhode Island and are dedicated to helping our clients clear their name. Our lawyers provide a complimentary review of your criminal record to determine expungement eligibility.
Don’t hesitate-call us now- 401-245-5100.
Criminal defense attorney Allison C. (Belknap) Abilheira serves clients with dedication and skill in Warren, Providence, and the surrounding areas in Rhode Island. Attorney Abilheira practices law in Rhode Island, the United States District Court for the District of Rhode Island, the United States Court of Appeals for the First Circuit, and in Massachusetts.
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