RHODE ISLAND
How to Clear Your Criminal Record
in Rhode Island
A free, plain English guide to Rhode Island expungement and sealing — first-offender and repeat misdemeanor pathways, non-violent felony expungement, non-conviction sealing, and 2022 marijuana expungement under R.I. Gen. Laws § 12-1.3.
LEGAL TERM
Expungement / Sealing
MISDEMEANOR WAIT
5 years (first offender)
GOVERNING LAW
R.I. Gen. Laws § 12-1.3
What You Need to Know First

Rhode Island uses two terms — expungement and sealing. In Rhode Island, "expungement" refers to relief after a conviction and results in physical destruction or erasure of records. "Sealing" applies when no conviction resulted — dismissed charges, acquittals, and cases placed on file. In both cases, the court removes the record from public access and the person may legally state the event never occurred.

Repeat misdemeanor offenders can still qualify. Rhode Island's law is notably more generous than most states — a person with up to five misdemeanor convictions (and no felony conviction) can still petition for expungement after a 10-year waiting period. This "repeat offender" pathway is one of Rhode Island's most underutilized provisions.

Discretionary — good moral character required. Rhode Island expungement is not automatic when the waiting period is met. The court evaluates whether the petitioner has shown good moral character and evidence of rehabilitation. The decision is up to the judge. Come prepared with letters of reference, employment history, community involvement, and any other evidence of rehabilitation.

Eligibility and Waiting Periods
ELIGIBLE FOR EXPUNGEMENT / SEALING
  • Dismissed / acquitted / placed on file — no waiting period
  • First-offender misdemeanor — after 5 years from sentence completion
  • Repeat offender (1–5 misdemeanors, no felony) — after 10 years
  • First-offender non-violent felony — after 10 years
  • First-offender DUI — eligible (first offense only)
  • First-offender domestic violence — eligible (first offense only)
  • Pre-legalization marijuana offenses — mass expungement (2022)
  • All sentence conditions completed; no pending charges
NOT ELIGIBLE
  • Crimes of violence (permanently ineligible)
  • Second or subsequent DUI offenses
  • Second or subsequent domestic violence offenses
  • More than one felony conviction
  • More than five misdemeanor convictions
  • Any pending criminal charges
  • Pardoned convictions — no expungement or sealing available
Dismissed / acquitted / placed on file
No wait
First-offender misdemeanor
5 years
Repeat misdemeanor offender (1–5, no felony)
10 years
First-offender non-violent felony
10 years
How to File — Step by Step
1
File a Petition in Superior or District Court
File your expungement or sealing petition in the Rhode Island Superior Court (for felonies) or District Court (for misdemeanors), depending on where the underlying case was adjudicated. Both courts have concurrent jurisdiction for some matters. Forms are available at courts.ri.gov.
2
Serve the Attorney General
After filing, serve a copy of the petition on the Rhode Island Department of Attorney General. If the AG objects, the court schedules a hearing. Come prepared with evidence of good moral character and rehabilitation — letters of reference, employment records, community service, and other supporting documentation.
3
Court Hearing and Order
The court evaluates whether expungement serves the interests of justice, weighing your rehabilitation against any public interest in retaining the record. If granted, the court orders all relevant custodians — including the Rhode Island State Police, local law enforcement, and the AG — to expunge or seal records. The Rhode Island Bureau of Criminal Identification coordinates implementation.
Official Forms
Rhode Island Courts — Expungement / Sealing Forms
Official Rhode Island Superior and District Court expungement petition forms
Visit courts.ri.gov →
Rhode Island BCI — Criminal History Request
Request your Rhode Island criminal history record before filing your petition
Visit risp.ri.gov →
Rhode Island Attorney General — Expungement Info
Information on the AG's role in expungement proceedings and serving notice
Visit riag.ri.gov →
Find Your Rhode Island Court
Find the Superior or District Court for filing — determined by where your case was adjudicated
Visit courts.ri.gov →
Helpful Resources
FREE LEGAL HELP
Rhode Island Legal Services
Free civil legal help for low-income Rhode Islanders — including expungement guidance statewide
rils.org →
FREE LEGAL HELP
Rhode Island Bar Association — Lawyer Referral
Find a licensed Rhode Island attorney for expungement help, especially for felony petitions
ribar.com →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free programs for housing, food, work, and more
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training for people with records
careeronestop.org →
BAN THE BOX
RI Ban-the-Box Law
Rhode Island is a ban-the-box state — employers cannot ask about criminal history on initial job applications
riag.ri.gov →
COURT RECORDS
RI Judiciary — Court Records
Look up your Rhode Island court records and verify case information before filing
courts.ri.gov →
Frequently Asked Questions
I have three misdemeanor convictions. Can I still get expungement? +
Yes — Rhode Island's repeat misdemeanor offender pathway under § 12-1.3 allows expungement for people with up to five misdemeanor convictions, as long as you have no felony convictions. The waiting period is 10 years after completing your most recent sentence. This is a significant and underutilized pathway. You must demonstrate good moral character and rehabilitation, and the court has discretion. Even with multiple misdemeanors, strong evidence of rehabilitation gives you a genuine chance.
What's the difference between expungement and sealing in Rhode Island? +
In Rhode Island, "expungement" applies after a conviction and results in physical destruction or erasure of records. "Sealing" applies when no conviction resulted — dismissed charges, acquittals, cases placed on file, and cases where charges were never brought. In both cases, the record is removed from public access, agencies respond that no record exists, and the person can legally state the event never occurred. The practical effect for daily life is the same — neither appears on standard background checks.
My marijuana charge was from before 2022 — is it eligible? +
Yes — after marijuana was legalized in Rhode Island in 2022, a mass expungement process was implemented for pre-legalization marijuana offenses. If you have an old marijuana possession charge or conviction for conduct that is now legal, contact the Rhode Island courts or an attorney about the status of your specific record. These records were prioritized for relief after legalization.
My DUI was a first offense — can it be expunged? +
Yes — Rhode Island allows expungement for first-offense DUI convictions after the standard waiting period (5 years for misdemeanor DUI as a first offense). Second and subsequent DUI offenses are not eligible. The same applies to domestic violence — first offense only. If this is your only conviction and 5 years have passed since you completed your sentence, you can petition for expungement and must demonstrate good moral character and rehabilitation.
Do I need an attorney? +
Not required — Rhode Island Legal Services provides free assistance for those who qualify, and the courts have petition forms. For straightforward dismissed-charge sealings, the process is accessible on your own. For conviction expungements — especially felony petitions where the AG may object — an attorney significantly improves your outcome. The discretionary "good moral character" standard means presentation matters.
After Your Record Is Expunged or Sealed

After expungement or sealing, the record is removed from public access and all agencies respond that no record exists. You can legally state the arrest or conviction did not occur.

For general information about what changes after expungement — visit our After Expungement page.

This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney before filing.