Rhode Island: Adult Convictions (RI-C-5)

Any civil violation, misdemeanor or felony conviction for possession of marijuana that has subsequently been legalized (see R.I. Gen. Laws § 21-28.11-22 for details) will be automatically expunged. All records will be expunged by July 1, 2024. A person may apply for expedited expungement. R.I. Gen. Laws § 12-1.3-5.

Record Detail(s)

Decriminalized

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. § 12-1.3-5.

Fees

All court costs related to expungement under this section are waived. R.I. Gen. Laws § 12-1.3-5(e).

Effect

Petitioner is released from all penalties and disabilities, except the expunged conviction may be considered as a prior conviction in determining the sentence in a subsequent case. Petitioner may state that he or she has never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws § 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2).

Waiting Periods

There is no waiting period.

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