Wednesday, February 16, 2011

New Rhode Island and Providence Plantations expungement laws effective

Before leaving office, two-term Governor Donald Carcieri (R) (pictured) of the State of Rhode Island and Providence Plantations signed new expungement legislation into law on June 25, 2010.

The new law allows the Expungement of Deferred Sentences five (5) years after sentencing. In Rhode Island and Providence Plantations, a motion to expunge is required to expunge a Criminal Conviction.

This law will allow anyone with a Deferred Sentence in Rhode Island and Providence Plantations to expunge their criminal record after 5 years, so long as they remain criminal activity free (not arrest for a criminal offense) during the five (5) year period.

Previously, Rhode Island and Providence Plantations Courts were regularly allowing the expungement of Deferred Sentences. However, the Supreme Court of Rhode Island and Providence Plantations ruled that a person had to wait 10 years after completion of the Deferred Sentence in order to be eligible for expungement. The new law signed by Governor Donald Carcieri (R) (pictured) essentially nullifies and overturns the Rhode Island and Providence Plantations Supreme Court ruling.

Every State or Commonwealth has their criminal code and definition of expungement, seal, pardon, or expungement after pardon. In the State of Rhode Island and Providence Plantation, expungement is defined as: "Expungement of records and records of conviction" means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation. G.S. § 12-1.3-1.

Like most States, the conviction of a felony may be grounds for revoking or refusing to issue a professional license. Examples include: Private Investigator (R.I. Gen. Laws § 5-5-3(2), Private Security Guard Business (§ 5-5.1-8(a)(3), Pharmacist (§ 5-19-18), and Veterinarian (§ 5-25-14(1) amoung others.

Rhode Island has a registration requirement for sex offenders. R.I. Gen. Laws § 11-37-16.

Rhode Island and Providence Plantations was the first of the thirteen original colonies to declare independence from British rule and the last to ratify the United States Constitution.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.