PETITION TO EXPUNGE CRIMINAL RECORD

(Rhode Island)

[// GUIDANCE: This template is drafted for use in Rhode Island state courts (District, Superior, or Family as applicable). It follows the structure of a motion/petition under R.I. Gen. Laws ch. 12-1.3. Delete or adapt any bracketed text before filing.]

TABLE OF CONTENTS

1. Caption & Document Header
2. Preliminary Statements
3. Definitions
4. Jurisdiction and Venue
5. Parties
6. Procedural History & Factual Background
7. Statutory Eligibility & Waiting Period Compliance
8. Request for Relief (Prayer)
9. Notice & Service Provisions
10. Verification / Affidavit of Petitioner
11. Proposed Order
12. Signature Block

1. CAPTION & DOCUMENT HEADER

STATE OF RHODE ISLAND
[COURT NAME—e.g., SUPERIOR COURT]
[COUNTY] DIVISION

––––––––––––––––––––––––––––––––––––––––––––––––
STATE OF RHODE ISLAND
v. Case No.: [DOCKET NO.]
[PETITIONER’S FULL LEGAL NAME] Judge: [JUDGE]
––––––––––––––––––––––––––––––––––––––––––––––––

MOTION / PETITION TO EXPUNGE CRIMINAL RECORD
(§ 12-1.3-1 et seq.)
Effective Date of Petition: [DATE]

2. PRELIMINARY STATEMENTS

2.1 Petitioner, [FULL NAME] (the “Petitioner”), respectfully moves this Honorable Court for an order expunging and sealing all official records of the criminal matter described herein, pursuant to R.I. Gen. Laws § 12-1.3-3 (2024).

2.2 This Petition is supported by the accompanying affidavit, proposed order, and any supplemental documentation required by statute or local rule.

3. DEFINITIONS

For purposes of this Petition:

“Expungement” means the removal and destruction or sealing of records as provided under R.I. Gen. Laws ch. 12-1.3.

“First-Time Offender” has the meaning set forth in R.I. Gen. Laws § 12-1.3-2(1).

“Waiting Period” means five (5) years following completion of a misdemeanor sentence or ten (10) years following completion of a felony sentence, as applicable under § 12-1.3-3(a)(2).

[// GUIDANCE: Add, revise, or delete definitions to track specific statutory subsections relied upon.]

4. JURISDICTION AND VENUE

4.1 This Court has jurisdiction over the subject matter of this Petition pursuant to R.I. Gen. Laws § 12-1.3-3.

4.2 Venue is proper in this Division because the original criminal proceeding was adjudicated in this Court, and all records to be expunged are maintained within its jurisdiction.

5. PARTIES

5.1 Petitioner: [FULL NAME], date of birth [DOB], current residence [ADDRESS], Social Security number (last four digits) [SSN-XXXX].

5.2 Respondent Agencies:
a. Rhode Island Department of Attorney General.
b. [ARRESTING AGENCY] Police Department.
c. Rhode Island Bureau of Criminal Identification (“BCI”).
d. [ANY ADDITIONAL CUSTODIAN OF RECORDS].

6. PROCEDURAL HISTORY & FACTUAL BACKGROUND

6.1 On [ARREST DATE], Petitioner was arrested by [ARRESTING AGENCY] for [CHARGE(S)].

6.2 Case No. [DOCKET NO.] concluded on [DISPOSITION DATE] with a disposition of [DISPOSITION—e.g., “nolo contendere plea to a misdemeanor with one-year probation”].

6.3 Petitioner successfully completed all terms and conditions of the sentence on [COMPLETION DATE], including payment of all fines, fees, restitution, and court-ordered costs.

6.4 Petitioner has not been convicted of a separate offense during the applicable Waiting Period and otherwise qualifies as a First-Time Offender.

7. STATUTORY ELIGIBILITY & WAITING PERIOD COMPLIANCE

7.1 First-Time Offender Status. Petitioner is a “first-time offender” within the meaning of R.I. Gen. Laws § 12-1.3-2(1).

7.2 Waiting Period. More than [FIVE / TEN] years have elapsed since the completion of the sentence, satisfying the Waiting Period requirement under § 12-1.3-3(a)(2).

7.3 Good Moral Character. Petitioner has demonstrated rehabilitation, maintained stable employment, and has made meaningful contributions to the community, as detailed in the accompanying affidavit and exhibits.

7.4 Interest of Justice. The benefits of expungement to Petitioner outweigh the public interest in retaining the records, and expungement is consistent with the purposes of the statute.

8. REQUEST FOR RELIEF (PRAYER)

WHEREFORE, Petitioner respectfully prays that this Honorable Court enter an order:

A. Expunging and sealing all records, indices, and entries, including electronic and paper files, relating to Case No. [DOCKET NO.] held by any state or municipal agency;

B. Directing the Rhode Island Attorney General and all law-enforcement agencies to remove or obliterate all references to the charges at issue from any criminal database accessible to the public;

C. Ordering that the sealed records remain confidential and accessible only to law-enforcement officials as permitted under R.I. Gen. Laws § 12-1.3-3(f);

D. Granting such other and further relief as justice may require.

9. NOTICE & SERVICE PROVISIONS

9.1 Petitioner shall serve a copy of this Petition, the accompanying affidavit, and proposed order upon the Attorney General and the arresting agency at least ten (10) days prior to any hearing, in accordance with § 12-1.3-3(b).

9.2 Proof of service will be filed with the Court prior to the scheduled hearing date.

[// GUIDANCE: Insert certificate of service language as required by local rule.]

10. VERIFICATION / AFFIDAVIT OF PETITIONER

I, [PETITIONER NAME], being duly sworn, depose and state under penalty of perjury that:

1. I am the Petitioner in the above-captioned matter.
2. I have reviewed the foregoing Petition and affirm that the facts stated therein are true and accurate to the best of my knowledge and belief.
3. I understand that any false statement may subject me to criminal penalties.

Date: ___________ ___________________________
[PETITIONER NAME]

STATE OF RHODE ISLAND
COUNTY OF __________

Subscribed and sworn before me on this ___ day of __________, 20__, by [PETITIONER NAME], who is personally known to me or produced identification.

_____________________________________
Notary Public
My Commission Expires: __________

11. PROPOSED ORDER

[// GUIDANCE: File the Proposed Order as a separate document if local practice requires.]

STATE OF RHODE ISLAND
[COURT NAME] — [COUNTY] DIVISION

––––––––––––––––––––––––––––––––––––––––––––––––
STATE OF RHODE ISLAND
v. Case No.: [DOCKET NO.]
[PETITIONER’S NAME] Judge: [JUDGE]
––––––––––––––––––––––––––––––––––––––––––––––––

ORDER GRANTING PETITION TO EXPUNGE

Upon consideration of the Petition/Motion of [PETITIONER NAME] pursuant to
R.I. Gen. Laws § 12-1.3-3, the responses (if any) of the Attorney General and
[ARRESTING AGENCY], and the record of hearing held on __________, 20__, the
Court finds as follows:

1. Petitioner is a first-time offender and has satisfied all statutory
   prerequisites for expungement.
2. The interest of justice is served by granting the Petition.

IT IS HEREBY ORDERED:

A. All records, files, and indices pertaining to Case No. [DOCKET NO.] are
EXPUNGED and SEALED.
B. The Rhode Island Attorney General, the [ARRESTING AGENCY] Police
Department, and the Bureau of Criminal Identification shall remove or seal
all references to said case from public access databases forthwith.
C. Access to sealed materials shall be restricted to law-enforcement officials
in the scope of their duties as provided by law.

ENTER:
Date: _____________ ______________________________
Presiding Justice

12. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: __________________________
[ATTORNEY NAME], Esq. (#RI Bar No.)
[ADDRESS]
[CITY, STATE ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]

Attorney for Petitioner

[// GUIDANCE:
• Attach any supporting exhibits—e.g., certificates of completion, character letters.
• Confirm no outstanding court costs, fines, or restitution.
• Calendar the hearing date in compliance with local scheduling orders.
• Retain conformed copies for service on all record-holding agencies.
]