How do I get a DUI Expunged in Rhode Island?

Getting a Criminal or a DUI Charge can be a very nerve-wracking moment in your life since you may potentially face consequences like getting your license suspended, a criminal record, probation hefty fines or jail time. A big consequence is that your mistake could stay on your record for a very long time, even decades or even for the rest of your life. At Ellison Law LLC we value the power of knowledge and we believe that it is vital that you understand your rights with getting a DUI expunged in Rhode Island.

What is an Expungement in Rhode Island?

An expungement is the legal process of removing criminal charges/convictions from your official record. This means that your charges will not be accessible or show up on a background check in the State of Rhode Island.

Rhode Island General Laws § 12-1.3-2 (a) outlines the expungement process:

(a) Any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place; provided, that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged; and provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.

You need to be aware of the difference between filing a motion to expunge or motion to seal.

What’s the difference between a Motion for Expungement and a Motion to Seal in Rhode Island?

• If you plead nolo contendre or guilty or were found guilty after trial, you will need to file a motion to expunge with the court in order to remove the conviction from your record. Depending on the circumstance, you will have to wait a certain amount of time after the conviction before the Court considers the Motion to Expunge. The Court will also consider whether you have other convictions on your record, whether you have any new charges pending and if you owe any outstanding fines or fees that need to be paid. The court may want to know that you have displayed good moral character since the conviction.
• If your case was dismissed or if you were found not-guilty or acquitted, you may be eligible to have the charges sealed from your record. Some charges are automatically sealed by the court clerk’s office. However you must ensure that the sealing process is completed with the proper agencies to make sure it is actually removed from your criminal history. In some circumstances, you may have to file a motion to seal with the Court and appear before a judge.

Rhode Island General Laws § 12-1-12.1 (a), (b) outlines a motion to seal:

(a) By operation of law, the court shall automatically seal the records of any criminal case that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all records of the division of criminal identification established by § 12-1-4 without the requirement of filing a motion under the following circumstances:

(1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or after January 1, 2023, shall be automatically sealed not less than ten (10) days and not more than twenty (20) days after the dismissal; or

(2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant and any sealing order of the district court entered as a result shall be sent electronically by the clerk of the court to the bureau of criminal identification established by Rhode Island General Laws § 12-1-12.1 (a), (b) within five (5) days of the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.
(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissals not described in subsection (a) of this section or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case.

What are the requirements to file a DUI Expungement in Rhode Island?

The process for a DUI expungement will entirely depend on the charges that you had. There isn’t one single universal rule for every expungement because the process will be different if it was your first DUI, a felony, a misdemeanor, etc. Generally, you’ll need to wait a certain amount of time after the conviction. Any prior or subsequent criminal charges may affect your ability to expunge a DUI.

If this is your first DUI misdemeanor:

• It’s been at least 5 years since the completion of your sentence.
• You have no prior or subsequent criminal convictions.
• You don’t have any pending criminal charges against you.
• You have shown good behavior since the conviction.
• You have fully completed your sentence including payment of any fines or fees owed to the court.

Felony DUI convictions may not be eligible for expungement. You must wait a period of 10 years from the completion of your sentence in order to be eligible for an expungement for a felony conviction.

If you have multiple misdemeanor convictions, you may not be eligible to have your DUI expunged.

How to know when I can expunge my record in Rhode Island?

There are two great ways of knowing when you can expunge your record:

• You can enter the Official State of Rhode Island website and see if you are eligible for an expungement or seal of your criminal record.
• You can contact a lawyer, like the lawyers at Ellison Law LLC, that will not only help you to determine if you are eligible for an expungement/seal but they can help you during the entire expungement process.

How does the process of expungement work in Rhode Island?

• First, you must determine if you are eligible for an expungement.
• If you are eligible, you will need to file a motion to expunge with the court and provide notice to the Rhode Island Office of the Attorney General.
• The court will schedule the motion for a hearing. At that time, you will present the reasons why you are asking for the matter to be expunged. The Attorney General’s office may object to the expungement. However, it is ultimately the Court’s discretion to grant or deny the motion to expunge.

There are many steps that need to be followed in order to ensure that your matter is properly expunged. We highly suggest that you hire a skillful DUI expungement lawyer, like the lawyers at Ellison Law LLC who are very familiar with the process.

Can I expunge violent charges in Rhode Island?

You may not be eligible to have your matter expunged if you were convicted of a “violent offense.” You should consult with an experienced attorney to see if your matter is able to be expunged.

Why should I expunge my record in Rhode Island?

No matter what type of criminal or DUI charge you had, it may appear on your record and be easily accessible to people in the community and future and current employers. This can negatively affect your life since employers can read your record and this may reduce your chances of landing a job, getting housing opportunities, getting approved for loans, etc. In general, once a matter is expunged you will not need to disclose the conviction, although there are certain exceptions to this rule.

Why choose Ellison Law LLC for my DUI expungement?

Getting an expungement can sometimes feel difficult to do on your own if you aren’t familiar with the laws. An experienced expungement attorney knows how to navigate the legal system and can help strategize for the best possible outcome. Our attorneys at Ellison Law LLC are familiar with the process of a DUI expungement. Contact us at any time through our website or call us at 401-230-5520.