Rhode Island
Rhode Island Expungement Laws: First Offender, Felony & 2022 Cannabis Rules
Rhode Island allows eligible residents to expunge criminal records under R.I. Gen. Laws § 12-1.3-1 et seq., with separate tracks for first-offense misdemeanors, first-offense non-violent felonies, multiple misdemeanors, non-conviction records, and automatic expungement of marijuana possession offenses decriminalized after the date of conviction.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Rhode Island state law only. For a comparison across all states, see Expungement Laws by State.
Who Qualifies as a First Offender in Rhode Island
Rhode Island's primary expungement statute applies to a "first offender," a term defined in R.I. Gen. Laws § 12-1.3-1. A first offender is a person who was convicted of a felony or misdemeanor and who, at the time of that conviction, had no prior convictions and had not been placed on probation for a prior offense. The person must also have no criminal proceedings currently pending against them at the time they file a petition for expungement. If a person was previously convicted of any offense, or was ever placed on probation, they do not meet the first-offender definition under § 12-1.3-1 and cannot use the standard first-offender pathway under § 12-1.3-2(a). This strict definition means that a prior youthful offender adjudication or even a prior deferred sentence accepted and completed could affect eligibility, and petitioners should verify their full record history before filing.
Waiting Periods for First-Offense Misdemeanors and Felonies
Under R.I. Gen. Laws § 12-1.3-2(c), a first offender convicted of a misdemeanor must wait five years from the date of completion of their sentence before filing a motion for expungement. Under § 12-1.3-2(d), a first offender convicted of a felony must wait ten years from sentence completion. "Completion of sentence" includes the end of any probationary period, not simply the discharge date from incarceration. To qualify at the time of the hearing, the petitioner must show that, in the preceding five years (for misdemeanors) or ten years (for felonies), they have not been convicted of or arrested for any felony or misdemeanor, that no criminal proceedings are pending, and that they have exhibited good moral character under § 12-1.3-3. Crimes of violence as listed in § 12-1.3-1, including murder, manslaughter, first-degree arson, kidnapping, robbery, burglary, and sexual assault offenses, are permanently excluded from expungement regardless of how much time has passed (§ 12-1.3-2(a)).
Multiple Misdemeanor Pathway
Rhode Island law also provides a separate pathway for persons who are not first offenders but who have a limited misdemeanor history. Under R.I. Gen. Laws § 12-1.3-2(b), a person with more than one misdemeanor conviction but fewer than six misdemeanor convictions, and who has never been convicted of a felony, may petition to expunge those misdemeanor records. The waiting period for this pathway is ten years from the completion of the last sentence in the series (§ 12-1.3-2(f)). During those ten years the person must not have been convicted of or arrested for any felony or misdemeanor and must have no pending criminal proceedings. Convictions for offenses under Title 12 Chapter 29 (controlled substances) and DUI offenses under § 31-27-2 and § 31-27-2.1 are excluded from the multiple-misdemeanor pathway under § 12-1.3-2(b). This track expanded access to expungement for people whose records were not clean enough to qualify as a first offender but who had limited, non-violent misdemeanor histories.
Automatic Expungement of Marijuana Possession Records
Rhode Island enacted R.I. Gen. Laws § 12-1.3-5 as part of the Rhode Island Cannabis Act, which took effect on May 25, 2022, with amendments through June 28, 2022. The statute provides automatic expungement, without any petition required, for any person with a prior civil violation, misdemeanor, or felony conviction for possession only of a marijuana offense that was subsequently decriminalized. The courts were required to complete all eligible expungements by July 1, 2024. Where documentation of the offense did not specify quantity, the law presumes the amount was two ounces or less. The statute waives all court costs for the expungement process and waives any outstanding fines, fees, costs, assessments, or charges related to the eligible conviction. Persons who were incarcerated for marijuana possession have all court costs waived automatically. Individuals who wanted their records cleared before the court-initiated deadline could submit a written request for an expedited process (§ 12-1.3-5).
Non-Conviction Records and Deferred Sentences
Rhode Island treats non-conviction records separately from conviction expungements. Records arising from an acquittal, dismissal, or other disposition that did not result in a conviction may be sealed by motion to the court. Under R.I. Gen. Laws § 12-1.3-2(e), persons who successfully completed a deferred sentence under § 12-19-19 may move for expungement upon completion of the deferred sentence agreement, without any additional waiting period. The deferred sentence pathway requires a separate hearing under § 12-19-19(c). For acquittals and dismissals, § 12-1.3 provides a streamlined process because no conviction occurred. The same financial-obligation requirement applies: all court-imposed fees, fines, costs, and restitution must be paid or waived before the expungement order issues.
The Court Filing Process
To seek expungement under R.I. Gen. Laws § 12-1.3-3, a petitioner files a motion in the court where the original conviction was entered, which may be the Superior Court, District Court, or Family Court depending on the underlying case. The Rhode Island Judiciary provides separate forms for felony expungement motions (Superior Court) and misdemeanor expungement motions (District Court), available through the courts.ri.gov forms search. At least ten days before the scheduled hearing, the petitioner must serve notice on the Office of the Attorney General and the police department that brought the original charges. At the hearing, the court considers all relevant testimony and information, and must find that the petitioner has demonstrated rehabilitation to the court's satisfaction, that no criminal proceedings are pending, that the petitioner has exhibited good moral character, and that expungement is consistent with the public interest (§ 12-1.3-3). The court must also find that all financial obligations have been satisfied or waived. If the motion is granted, the clerk prepares three certified copies of the expungement order for the petitioner, the Attorney General's Bureau of Criminal Identification, and the charging police department. There is no filing fee for the expungement motion itself under current Rhode Island law.
Effect of an Expungement Order
Under R.I. Gen. Laws § 12-1.3-4, a person whose record is expunged is released from all penalties and disabilities resulting from the conviction. In most employment and licensing contexts, the person may lawfully state that they have never been convicted of the expunged offense. However, full disclosure is still required in several contexts: applications for positions with law enforcement agencies, applications for admission to the Rhode Island bar, applications for teaching or coaching certificates, and applications for positions at early childhood education facilities (§ 12-1.3-4). Expunged records may also be disclosed to sentencing courts if the person is convicted of a subsequent offense, and to bar admission and professional fitness committees (§ 12-1.3-4). Willful wrongful disclosure of expunged records by a custodian subjects that custodian to civil liability under § 12-1.3-4.
Disclaimer: This article describes Rhode Island expungement law as verified on May 29, 2026, and is provided for general informational purposes only. It does not constitute legal advice. Expungement eligibility depends on the specific facts of your record. Consult a licensed Rhode Island attorney before filing any motion.
Related Articles
RecordingLaw.com provides general legal information, not legal advice. Laws change; always verify current statutes and consult a licensed Rhode Island attorney for guidance specific to your situation.
More Rhode Island Laws
Frequently Asked Questions
How do you expunge your record in Rhode Island?
You file a Motion to Expunge or Seal Record in the court where your conviction was entered (Superior, District, or Family Court). At least 10 days before the hearing, you must serve notice on the Attorney General's Office and the charging police department. At the hearing, the court evaluates your rehabilitation, good moral character, and whether expungement serves the public interest under R.I. Gen. Laws § 12-1.3-3. If granted, the clerk distributes certified copies of the order to you, the AG's Bureau of Criminal Identification, and the police department.
What does R.I. Gen. Laws § 12-1.3 cover?
R.I. Gen. Laws § 12-1.3-1 through § 12-1.3-5 is Rhode Island's primary expungement statute. It defines 'first offender' and 'crime of violence,' sets out who may petition for expungement, establishes waiting periods (5 years for first-offense misdemeanors under § 12-1.3-2(c), 10 years for first-offense felonies under § 12-1.3-2(d)), creates a multiple-misdemeanor track, addresses the effect of expungement on rights and disclosures, and provides for automatic expungement of decriminalized marijuana possession records under § 12-1.3-5.
What is the Rhode Island first offender expungement rule?
Under § 12-1.3-1, a first offender is someone who, at the time of their conviction, had no prior convictions and had never been placed on probation. That person may petition for expungement of a single misdemeanor after 5 years from sentence completion under § 12-1.3-2(c), or a single non-violent felony after 10 years under § 12-1.3-2(d), provided they have had no subsequent convictions or arrests during the waiting period and have shown good moral character.
Can a felony be expunged in Rhode Island?
Yes, under certain conditions. A person who qualifies as a first offender under § 12-1.3-1 and was convicted of a non-violent felony may petition for expungement after 10 years from completion of their sentence under § 12-1.3-2(d), provided they have no subsequent convictions or arrests and no pending criminal proceedings. Felonies classified as crimes of violence under § 12-1.3-1, including murder, robbery, sexual assault, and burglary, are permanently ineligible for expungement.
How long does expungement take in Rhode Island?
After filing, the court schedules a hearing at least 10 days out. The total timeline depends on court scheduling and how quickly the petitioner can serve notice on the Attorney General and police department. Once the court grants the motion, the clerk processes and distributes certified copies. In practice, the entire process from filing to final order commonly takes several weeks to a few months, depending on the court's docket.
Are DUI convictions expungeable in Rhode Island?
No. DUI offenses under R.I. Gen. Laws § 31-27-2 and § 31-27-2.1 are excluded from expungement under both the first-offender pathway (§ 12-1.3-2(a)) and the multiple-misdemeanor pathway (§ 12-1.3-2(b)). Rhode Island does not provide a mechanism to expunge a DUI conviction.
Does Rhode Island automatically expunge marijuana records?
Rhode Island enacted R.I. Gen. Laws § 12-1.3-5 as part of the 2022 Cannabis Act. The statute requires courts to automatically expunge civil violations, misdemeanors, and felonies for marijuana possession only where the offense was subsequently decriminalized, without any petition required. Courts were required to complete eligible expungements by July 1, 2024. All costs and outstanding fees related to the eligible conviction are waived.
Do I have to disclose an expunged record in Rhode Island?
In most contexts, you may legally state you have never been convicted of the expunged offense under § 12-1.3-4. However, you must disclose expunged convictions when applying to law enforcement positions, seeking bar admission, applying for a teaching or coaching certificate, or applying for work at early childhood education facilities. Courts may also consider expunged convictions when sentencing for a subsequent offense.
Sources and References
- R.I. Gen. Laws § 12-1.3-1 — Definitions(webserver.rilegislature.gov)
- R.I. Gen. Laws § 12-1.3-2 — Motion for expungement(webserver.rilegislature.gov)
- R.I. Gen. Laws § 12-1.3-3 — Motion for expungement: Notice, Hearing, Criteria(webserver.rilegislature.gov)
- R.I. Gen. Laws § 12-1.3-4 — Effect of expungement; Wrongful disclosure(webserver.rilegislature.gov)
- R.I. Gen. Laws § 12-1.3-5 — Expungement of marijuana records(webserver.rilegislature.gov)
- Rhode Island Judiciary — Judicial Records Expungement Information(courts.ri.gov)
- Rhode Island General Assembly — Chapter 12-1.3 Index(webserver.rilegislature.gov)