This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

The Basics About Expungement

By Rhode Island Criminal Defense Attorney James J. Caruolo    

A poor choice you made in your past may have left you with a criminal record. It is important to know that you may be eligible to have your criminal record wiped clean by getting it expunged.

In this age of internet information, a criminal record is more likely to be exposed and could hinder you from being accepted to the college of your choice, securing good employment, renting an apartment, obtaining a mortgage or even being eligible for government benefits. These are just some of the obstacles you may face so it is important to see if you qualify to have your record expunged.

In Rhode Island a legal document called a “Motion to Expunge” must be filed with the court in which the original conviction took place. In most cases an attorney is engaged to assist you with determining your eligibility, drafting and filing the motion and representing you in court. Your attorney will attest to your rehabilitation and speak to your moral character. If the Motion to Expunge is granted, your attorney will be responsible to send a certified copy of the order to the Bureau of Criminal Information, the Attorney General’s office, the police department that originally brought the charges and any other law enforcement agency that has copies of the records in dispute. When this process has been completed your criminal record should be removed from all databases and you will be free to state that you have no criminal record when asked the question.

It is important to know that not all criminal records are able to be expunged. If you have been convicted or placed on probation more than once then your record cannot be expunged. A conviction encompassing a crime of violence such as murder, sexual assault or robbery is not eligible for expungement.

Find out what's happening in Cranstonwith free, real-time updates from Patch.

There are criteria that must be met in order to have a criminal record expunged. The person requesting the expungement must be a “first time offender”. That means he/she has had no other convictions and has not been on probation for another offense. In addition there cannot be any pending case in any court. The prerequisite for filling a Motion to Expunge depends on whether the crime was a misdemeanor or a felony. In order to expunge a misdemeanor one cannot file a petition until 5 years after the completion of the sentence. In order to expunge a felony one cannot file a petition until 10 years after the completion of the sentence.

Be prepared to demonstrate you are deserving of expungement. You will need to substantiate that you are of good moral character, have been rehabilitated and the decision to expunge would be consistent with the public interest.

Find out what's happening in Cranstonwith free, real-time updates from Patch.

If you need an experienced criminal lawyer in Rhode Island, or would like a free phone consultation regarding a criminal matter, contact the Law Offices of James J. Caruolo at www.lawofficesofjjc.com or visit our Facebook.

James J Caruolo Law Offices 33 College Hill Road Warwick, RI 02886 (401) 828-7100

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?