Rhode Island Expungement Lawyer
For those who have completed a deferred sentence, our Rhode Island criminal defense attorneys can help expunge it from your record. We realize that a criminal record has the ability to impact your life for the foreseeable future. It can affect your livelihood, your home, your family life, and your freedom. Let the Rhode Island expungement lawyers at Abilheira Law work to clear your criminal record and get you the second chance you need!
What is a deferred sentence?
In Rhode Island, a deferred sentence is very similar to a probation sentence, but the sentence is postponed. A deferred sentence is ordered only after a nolo contendere plea. After the plea, the defendant is placed on probation, which must run for five (5) consecutive years. If the defendant violates the terms of probation for any reason, the five year clock starts from the beginning. Once five (5) consecutive years are completed, the deferred sentence is over and the defendant will not have a criminal conviction.
Eligibility Requirements for Expunging a Deferred Sentence
In June 2016, Rhode Island made drastic changes to the laws for expunging a deferred sentence, that affect everyone placed on a deferred sentence both in the past and in the future.
Unlike other expungements, there is no waiting period for expunging a deferred sentence. Immediately upon completing a deferred sentence, an individual is eligible to have the case expunged from their criminal record, so long as:
- The defendant complied with all of the terms and conditions of the deferral agreement including, but not limited to, the payment of all fines, fees, costs, assessments and restitution to victims of crimes.
- The defendant has no pending criminal charges
- The defendant has not been previously convicted of a crime of violence
- The defendant has established good moral character during the deferred sentence
Procedure for Expunging a Deferred Sentence in Rhode Island
There are several steps required for expungements in Rhode Island:
- Draft and file a Motion to Expunge with the appropriate court.
- Serve the arresting police department and the Office of the Attorney General
with notice of the Motion and hearing date.
- Appear at the hearing and argue your case before the judge.
- If the Court grants the Motion to Expunge, there is a fee of $100.00 due to the Court.
- Serve a copy of the judge’s order granting the expungement to the arresting police department and the Bureau of Criminal Identifications, so that all records of the case can be destroyed and removed from your record.
If you believe you may be eligible for expungement, you should contact an experienced Rhode Island expungement lawyer. Our lawyers have helped set precedent in this area of the law and can help you get your second chance with a clean record!
Call us today 401-245-5100.