Can a DUI be expunged in Rhode Island?

Whether a DUI can be cleared at all

Rhode Island's expungement chapter lets a first offender move to expunge a misdemeanor or felony conviction in the court where the conviction took place, so long as the conviction was not for a crime of violence and all court-imposed or court-related fees, fines, costs, assessments and charges have been paid or waived. For a misdemeanor the motion may be filed five years after the sentence is completed. Driving under the influence under R.I. Gen. Laws § 31-27-2 and refusal to submit to a chemical test under § 31-27-2.1 are named as ineligible in the separate route for a person convicted of more than one but fewer than six misdemeanors, and are not named in the first-offender route.

“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”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not addressed on the official pages read. No Division of Motor Vehicles page states that expunging a criminal conviction removes the offence from the driving record. The Division states that violations dismissed by a court, or dismissed under R.I. Gen. Laws § 31-41.1-7 on the basis of a good driving record, do not appear on the driving record, and says nothing about expunged convictions. R.I. Gen. Laws § 12-1.3-4 separately provides that on conviction of a subsequent crime an expunged conviction may be considered as a prior conviction in determining the sentence, and that a law enforcement agency may be told of an expunged record where the nature and character of a new charge would be affected by the earlier conviction.

“Any violations dismissed by a court, or dismissed pursuant to RIGL 31-41.1-7 entitled, Application for Dismissal Based on Good Driving Record, do not appear on your driving record.”

What else sits on that record: suspensions and points in Rhode Island.

How long the wait is, and from when

Five years from the date the sentence for a misdemeanor conviction is completed, and ten years for a felony conviction. The court must also find that in the five years preceding the motion, for a misdemeanor, the petitioner has not been convicted or arrested for any felony or misdemeanor, that no criminal proceedings are pending, that no court-imposed or court-related fees, fines, costs, assessments or charges are outstanding unless reduced or waived, and that the petitioner has exhibited good moral character. A motion covering records of a deferred sentence may be filed on completion of the deferral.

“Subject to subsection (a), 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.”

Automatic or by petition

Rhode Island clears convictions only by motion. R.I. Gen. Laws § 12-1.3-3 requires the person to give at least ten days' notice of the hearing date to the Department of the Attorney General and the police department that originally brought the charge, and the court may order expungement in its discretion after a hearing at which all relevant testimony and information is considered. No automatic or Clean Slate style clearing appears in the chapter.

“The court, after the hearing at which all relevant testimony and information shall be considered, may, in its discretion, order the expungement of the records of conviction of the person filing the motion”

Where it is filed, and what it costs

The motion is filed in the court where the conviction took place. R.I. Gen. Laws § 12-1.3-3 requires at least ten days' notice of the hearing date to the Department of the Attorney General and to the police department that originally brought the charge. If the court grants the motion it orders all records and records of conviction expunged and all index and other references removed from public inspection, and sends a copy of the order to any law enforcement agency and other agency known to hold the records. Where the expungement is sought for an offence that has since been decriminalised, the court orders the expungement without cost to the petitioner.

“Any person filing a motion for expungement of the records of his or her conviction pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the attorney general and the police department that originally brought the charge against the person at least ten”

Whether a cleared DUI still counts as a prior

R.I. Gen. Laws § 31-27-2 escalates the penalty for a second violation within a ten-year period. R.I. Gen. Laws § 12-1.3-4 states that a person whose record is expunged is released from all penalties and disabilities resulting from the crime, except that on conviction of any subsequent crime the expunged conviction may be considered as a prior conviction in determining the sentence to be imposed.

“Any person having his or her record expunged shall be released from all penalties and disabilities resulting from the crime of which he or she had been convicted, except, upon conviction of any subsequent crime, the expunged conviction may be considered as a prior conviction in determining the”

The statute: R.I. Gen. Laws § 12-1.3-2

“convictions for offenses under chapter 29 of title 12, § 31-27-2 or § 31-27-2.1 are not eligible for and may not be expunged under this subsection”