Rhode Island: Adult Diversion/Deferral Program (RI-D-1)

Records relating to a crime involving domestic violence that was placed on file will be expunged by the court three years after the date of filing. R.I. Gen. Laws §§ 12-1-12(c), 12-1-12.1(e).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

See section 12-10-12 for eligibility of offenses to be placed on file.

Procedure General

The procedure is automatic. If, for a period of one year after the date of filing, the defendant is not charged with a violation, the complaint is quashed. If, for a period of three years after the date of filing, the defendant is not convicted of a crime involving domestic violence, all records are expunged without the requirement of filing a motion. For the specific procedure, see R.I. Gen. Laws § 12-1-12(d).

Fees

There is no statutory language regarding fees.

Effect

The person has no criminal record. R.I. Gen. Law § 12-1-12(d).

Waiting Periods

If, for a period of three years after the charge is placed on file, the defendant is not convicted of a crime involving domestic violence, all the records are expunged. R.I. Gen. Laws § 12-1-12(d).

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