Rhode Island

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for sealing or expungement in some situations. 

• If your case is placed “on file” and the prosecutor does not take action within one year, the record should be expunged. 
• If your domestic violence case is placed “on file,” you do not violate the conditions of filing within one year, and you are not charged and convicted of another offense involving domestic violence within three years, the record should be expunged. 
• With certain exceptions, if you successfully complete a five-year deferment of sentence period, the record can be expunged. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

Adult criminal records for arrests for which you were never convicted are eligible for destruction or expungement. 

• If you are detained or arrested and no charges are filed or the case ended in your favor, the arrest record should be destroyed within 60 days, so long as you have no felony convictions. If you have a felony conviction, the arrest record is destroyed only after you are acquitted at trial. 
• If your case ended in your favor in any way, the court record can be sealed immediately, so long as you have never had any felony convictions. If you have a felony conviction, the court record can be sealed only after you are acquitted at trial. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 
• If you were arrested without probable cause or based on mistaken identity and no charges were filed, the arrest record should be destroyed within 60 days of determining that the arrest was wrongful. 
• If you were arrested and charged without probable cause or based on mistaken identity, the court record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.