Rhode Island: Adult Diversion/Deferral Program (RI-D-3)

Records relating to a case subject to deferred sentencing can be expunged by the court upon the completion of a five year deferral period. R.I. Gen. Laws §§ 12-1.3-2, 12-19-19.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see R.I. Gen. Laws § 12-1.3-1 et seq.

Fees

The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c).

Effect

The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have 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).

Forms

For more information regarding filing a petition to expunge a record in Rhode Island, visit here.

Waiting Periods

The petition can be filed after completion of the five-year deferment period.

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