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.

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New Jersey Governor Chris Christie signs new legislation broadening the state's expungement statute

The Honorable Chris Christie, Governor of the State of New Jersey recently signed new legislation broadening the state's expungement statute. Governor Christie signed the legislation into law after it passed both houses of the New Jersey Legislature; the General Assembly and the Senate earlier this year.

CHANGES TO NEW JERSEY EXPUNGEMENT LAWS:

• Citizens with convictions for third or fourth degree drug distribution convictions on their record may be expunged.

• The new legislation also reduces waiting periods for the expungement of indictable (felony) convictions. Under the old law, a citizen had to wait until 10 years had passed. Under the new expungement statute, certain indictable convictions will be eligible for consideration after a period of 5 years. There will be a series of factors that the court will consider when deciding if an early expungement should be granted. The important thing is the application can be filed, in most cases, 5 years earlier than before.

The changes to New Jersey's expungement laws include other provisions, but the ones listed above are the most beneficial for people who need an expungement. For additional information, contact Records Removal Services today! Don't let your criminal history haunt you for the rest of your life!

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Minnesota Supreme Court upholds limits set on sealing criminal records

The Minnesota Supreme Court has ruled that district courts do not have the authority to seal criminal records beyond the courts themselves — a decision that may be bad for defendants but good for public-records advocates.

The case began in 1992, when a defendant identified as S.L.H. pleaded guilty to fifth-degree felony possession of cocaine in Robbinsdale. She was 20. After three years, the charge was dropped to a misdemeanor.

In 2000, a petition for expungement, or sealing, of her record, was filed, but the district court denied the request.

She tried again in 2006. S.L.H. argued that she was a single parent of four children and wanted to be better equipped to support her family. She explained she hoped to become a Head Start Teacher or a medical assistant — but neither job would be open to her without expungement of her criminal records.

Hennepin County District Court agreed. The court found in July 2006 that the benefit of expungement to S.L.H. outweighed the disadvantage to the public from eliminating her record and ordered all judicial records of the offense be sealed.

But the lower court also said it did not have the authority to order nonjudicial records sealed. That means that records at the state Bureau of Criminal Apprehension still would be open to anyone who wished to see them.

The Court of Appeals agreed with the district court, and Thursday's Supreme Court decision basically affirms that.

But the decision seems toleave room for interpretation, said Mark Haase, staff attorney for the Council on Crime and Justice, which filed a brief on behalf of S.L.H.

It says granting her access to employment is not "essential to the existence, dignity and function of a court" and that granting expungement of records outside the judicial branch is therefore not within its authority.

But the court seemed to suggest there might be cases that are, citing one in which charges were dismissed.

"The jury, so to speak, is not completely out on it," Haase said. "We don't want to discourage people from trying to get expungements, because the opinion is not clear. I want people who may have a shot at getting a remedy to pursue that."

He said it's vitally important for people to have a chance at a clean slate.

"The vast majority of people who are trying to get expungements are not serious offenders," Haase said. "They're trying to move on with their life; they can't get a job. Do we really want people to carry that with them and (have it) be a hindrance to getting employment and housing for that long?"

The Supreme Court points out, however, that the Legislature has determined, as outlined in the Minnesota Data Practices Act, that certain law enforcement data are public.

"The expungement of S.L.H.'s criminal records held outside the judicial branch would effectively override the legislative determination that some of these records be kept open to the public," the court wrote.

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Judge agrees to expunge record of doctor accused in hospital deaths

A judge agreed Thursday to erase the public criminal record of a doctor arrested but never charged in the alleged killing of patients at a sweltering, flooded New Orleans hospital following Hurricane Katrina.

State District Judge Calvin Johnson also said authorities must keep secret all materials put before the grand jury that last month declined to indict Dr. Anna Pou.

Pou called Johnson's decision to expunge her public record "a huge step in helping me get by life back together."

Pou was arrested last year. Attorney General Charles Foti accused her of giving lethal doses of drugs to patients at Memorial Medical Center in Katrina's aftermath, but a grand jury refused to indict her on July 24.

At least 34 people died at Memorial after the Aug. 29., 2005, hurricane, many from dehydration during the four-day wait for rescuers. Katrina had flooded the lower floors of the hospital, knocked out electricity and left patients and medical personnel stranded for days.

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Former deputy‘s criminal record expunged in Former Collier County, Florida

A former Collier County sheriff’s investigator who quit his job two years ago after he was caught altering painkiller prescriptions has been granted an expungement after successfully completing a drug counseling program.

Collier Circuit Judge Fred Hardt on Wednesday granted the expungement requested by attorney Donald Day, who represented Kyle Beiner, 33, after Assistant State Attorney Lisa Mead said the state didn’t object. Day was out of town and Beiner, who was not in court, was represented by another attorney in Day’s firm, Kristen Rodger.

Day said later that he will now move toward getting Beiner’s record sealed. Day said Beiner, of Cape Coral, got hooked on painkillers after being prescribed the drugs for an injury on the job.

Beiner, who had worked for the Collier Sheriff’s Office since 1996 before quitting in August 2005, completed conditions of a pre-trial release program, which included urine and Breathalyzer tests, staying away from drugs and alcohol, and reporting monthly to a probation officer.

On Aug. 24, 2005, Beiner was arrested on two felony counts of fraudulently obtaining a controlled substance for trying to get refills that weren’t prescribed. That was a week after he met with supervisors, who confronted him with information about the drug case. He quit at that meeting.

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