Expungement Petition - Preparation Worksheet - Rhode Island

IMPORTANT: THIS IS A PREPARATION GUIDE, NOT A FILING FORM

Rhode Island uses Judiciary forms for motions to expunge or seal. The currently posted
forms predate amendments effective June 22, 2026. Those amendments added a route for
multiple felony convictions, a fifteen-year period for that route, and a new definition
of “other prohibited offenses.” Confirm with the clerk which current form and any
supplement the court requires. Do not file this guide as a motion.

RHODE ISLAND EXPUNGEMENT OR SEALING PREPARATION GUIDE

1. Choose the Correct Relief and Official Form

A. Sealing after acquittal or other exoneration

Use the sealing portion of the applicable Judiciary form if every count in the case ended
in acquittal, dismissal, no true bill, no information, or another exonerating disposition.
R.I. Gen. Laws §§ 12-1-12 and 12-1-12.1 govern this relief.

• District Court Rule 48(a) dismissals entered on or after January 1, 2023 are sealed
  automatically not less than ten and not more than twenty days after dismissal.

• A pre-2023 District Court Rule 48(a) dismissal may be sealed administratively at the
  defendant's request.

• For other complete exonerations, § 12-1-12.1(b) permits a motion to seal.

• A domestic-violence filing described in §§ 12-1-12(c) and 12-1-12.1(c) remains subject
  to a three-year retention period measured from the filing date.

B. Expungement after conviction or probation

Chapter 12-1.3 governs conviction-record expungement. Under § 12-1.3-1(2), expungement
means sealing and retaining the records and removing the conviction or probation
information from active files. It does not mean that every record is destroyed.

Select the official form for the court and case type:

Form-lag warning: Superior-55, Superior-27, and DC-33 were revised before P.L. 2026,
chs. 171 and 172 took effect. They do not set out the new multiple-felony route. Confirm
the required filing package with the clerk before relying on the checkboxes in an older form.

2. Case Information Worksheet

Transfer the following information to the official form:

Attach or bring records that establish the charge, disposition, sentence, completion date,
payment or court-ordered reduction or waiver of monetary obligations, and the absence of a
pending criminal proceeding.

3. Current Eligibility Routes

P.L. 2026, chs. 171 and 172 amended §§ 12-1.3-1 through 12-1.3-3 effective
June 22, 2026. Use the enacted session law when it conflicts with the older consolidated
web pages or pre-amendment forms.

Route 1 — Single misdemeanor conviction

• ☐ The applicant is a “first offender”: one felony or misdemeanor conviction, no earlier
  felony or misdemeanor conviction or probation, and no pending criminal proceeding.

• ☐ The conviction is not a “crime of violence” listed in § 12-1.3-1(1).

• ☐ At least five years have passed since completion of the sentence.

• ☐ During the five years before filing, the applicant was neither arrested for nor
  convicted of a felony or misdemeanor.

• ☐ There is no pending criminal proceeding.

• ☐ Court-related monetary obligations have been paid or reduced or waived by court order.
• ☐ The applicant can present evidence of good character, rehabilitation, and consistency
  with the public interest.

Route 2 — Single felony conviction

• ☐ The applicant satisfies the “first offender” definition above.
• ☐ The conviction is not a “crime of violence” listed in § 12-1.3-1(1).
• ☐ At least ten years have passed since completion of the sentence.

• ☐ During the ten years before filing, the applicant was neither arrested for nor
  convicted of a felony or misdemeanor.

• ☐ There is no pending criminal proceeding.

• ☐ Court-related monetary obligations have been paid or reduced or waived by court order.
• ☐ The applicant can present evidence of good character, rehabilitation, and consistency
  with the public interest.

Route 3 — Multiple misdemeanor convictions

This route applies to more than one but fewer than six misdemeanor convictions: two through
five convictions.

• ☐ At least ten years have passed since completion of the last sentence.

• ☐ During the ten years before filing, the applicant was neither arrested for nor
  convicted of a felony or misdemeanor.

• ☐ There is no pending criminal proceeding.

• ☐ None of the convictions to be expunged is under title 12, chapter 29; § 31-27-2;
  or § 31-27-2.1.

• ☐ Prior felony history has been reviewed under the exact wording of amended
  § 12-1.3-2(b), including the crime-of-violence and other-prohibited-offense limits.

• ☐ The applicant can present evidence of good character, rehabilitation, and consistency
  with the public interest.

Route 4 — Multiple felony convictions added in 2026

This route applies to more than one but fewer than five felony convictions: two through four
convictions.

• ☐ At least fifteen years have passed since completion of the last sentence.

• ☐ During the fifteen years before filing, the applicant was neither arrested for nor
  convicted of a felony or misdemeanor.

• ☐ There is no pending criminal proceeding.

• ☐ The applicant has not been convicted of a crime of violence or an “other prohibited
  offense.”

• ☐ None of the convictions to be expunged is under title 12, chapter 29; § 31-27-2;
  § 31-27-2.1; the crime-of-violence definition; or the other-prohibited-offense definition.

• ☐ The applicant understands that, after a successful expungement under this route,
  § 12-1.3-2(c) bars later expungement of the remainder of otherwise nonprohibited felony
  offenses.

• ☐ The applicant can present evidence of good character, rehabilitation, and consistency
  with the public interest.

The 2026 definition of “other prohibited offenses” lists §§ 11-5-4, 11-5-10.1,
11-5-10.2, 11-5-10.4, 11-5-14.1, 11-5-14.2, 11-9-5, 11-9-5.3, 11-9-5.4,
11-37.1-2(f), title 11 chapters 47 and 67.1, and §§ 31-26-1(d), 31-27-1, and
31-27-2.2.

Route 5 — Completed deferred sentence

Section 12-19-19(c) makes a person immediately eligible for consideration after the court,
following completion of the deferment period and a hearing, finds compliance with every term
of the written deferral agreement, including payment of court-ordered monetary obligations
and restitution. Sections 12-1.3-2(f) and 12-1.3-3(b)(1)(ii), as renumbered in 2026,
govern the expungement hearing. A crime-of-violence conviction is excluded.

Route 6 — Offense later decriminalized

Section 12-1.3-2(i), as renumbered in 2026, permits a motion in the court of the original
conviction. Under § 12-1.3-3(e), the court holds a hearing, confirms completion of the
original sentence and payment of related fines, fees, and costs, and may require an affidavit
showing that the conviction qualifies as a decriminalized offense under current law.

4. Affidavit Preparation

Use the affidavit included with the selected Judiciary form. The currently posted forms direct
the defendant to sign in the presence of a notary public or clerk. Complete only the affidavit
part that matches the requested route and check only statements that are true.

Prepare the following support:

• ☐ Certified or reliable disposition records for every relevant count.
• ☐ Proof of sentence, probation, parole, or deferment completion.
• ☐ Proof concerning fines, fees, costs, assessments, and restitution.
• ☐ A current statewide and out-of-state criminal-history review as appropriate.
• ☐ Evidence addressing character and rehabilitation, such as employment, education,
  treatment completion, community ties, and community involvement.

Under amended § 12-1.3-3(b)(2), the hearing judge may consider background, employment,
community ties, community involvement, overall rehabilitative progress, and other relevant
considerations. No one factor is determinative.

5. Notice and Filing Checklist

• ☐ File in the court where the conviction occurred, or in the court holding the record for
  a sealing request.

• ☐ Allow the clerk to set the hearing date.

• ☐ Give notice of the hearing date to the Rhode Island Department of the Attorney General
  and the police department that originally brought the charge at least ten days before the
  hearing.

• ☐ Complete the notice certification on the official motion.

• ☐ Bring the Judiciary's order form to the hearing, as directed by the current form
  instructions.

• ☐ Bring the affidavit, supporting records, proof of notice, and payment or waiver records.

6. Hearing Findings Worksheet

Prepare concise facts for the findings applicable to the selected route:

7. After an Order Is Granted

Section 12-1.3-3(c) directs expungement of the covered records, removal of index and other
references from public inspection, and transmission of the order to known agencies holding the
records. Follow the order's exact terms.

The currently posted Judiciary instructions also state that, after required conditions are
satisfied, the clerk prepares three certified copies: one for the defendant, one for the Attorney
General's BCI unit, and one for the charging police department. Those instructions place
responsibility on the defendant to deliver the agency copies. Obtain and keep proof of delivery.

8. Effect and Limits of Expungement

Under § 12-1.3-4:

• The person is generally released from penalties and disabilities resulting from the conviction,
  but an expunged conviction may be considered when sentencing a later conviction.

• The person may generally state that the conviction did not occur on employment, licensing,
  civil-right, privilege, and witness matters, subject to the statute's disclosure exceptions for
  specified positions and proceedings.

• Record custodians may disclose or permit access only for the purposes identified in
  § 12-1.3-4(b) and (c), or by court order.

• Expungement is sealing and retention plus removal from active files; it is not universal
  physical destruction of conviction records.

Official Sources

• P.L. 2026, ch. 171 (H 7079 Substitute A), enacted June 22, 2026
• P.L. 2026, ch. 172 (S 3036 Substitute A), enacted June 22, 2026
• R.I. Gen. Laws § 12-1-12
• R.I. Gen. Laws § 12-1-12.1
• R.I. Gen. Laws § 12-1.3-4
• R.I. Gen. Laws § 12-19-19
• Superior-55 official Judiciary form
• Superior-27 official Judiciary form
• DC-33 official Judiciary form

Use the official Judiciary form and have Rhode Island counsel review eligibility, the effect
of the June 22, 2026 amendments, and the filing package before submission.