Providence, RI asked in Criminal Law for Rhode Island

Q: A 35 yr old was convicted on three felonies when 18. Clean ever since. Can his record be cleaned for job purposes?

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1 Lawyer Answer

A: Unfortunately not with the statutes as they now read:

TITLE 12

Criminal Procedure

CHAPTER 12-1.3

Expungement of Criminal Records

SECTION 12-1.3-2

§ 12-1.3-2 Motion for expungement. – (a) Any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place, provided that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged.

(b) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence.

(c) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence.

History of Section.

(P.L. 1983, ch. 224, § 3; P.L. 1988, ch. 638, § 3; P.L. 1993, ch. 153, § 1.)

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