📅 2026 Update: Recent Changes in Rhode Island Expungement Laws

Since the original article about Rhode Island expungement laws was published, there have been significant updates. The state has made strides in expunging marijuana possession charges automatically, alongside changes in fees and processes. The information below highlights these changes and guides readers on what to expect when seeking expungement.

🌿 Automatic Expungement of Marijuana Charges

In January 2023, Rhode Island took a significant step by starting the automatic expungement of certain marijuana possession charges. This initiative was launched by Chief Justice Paul A. Suttell through Executive Order 2023-02.

By April 30, 2023, over 23,000 cases were expunged, including thousands from the Superior Court and District Court. The second phase will address cases involving multiple charges and is scheduled for completion by July 1, 2024.

💰 No Fees for Expungement

As of October 2026, individuals seeking expungement in Rhode Island do not have to pay any fees during the process. This change makes it easier for those eligible to clear their records without financial barriers. However, contractors looking to expunge claims must still pay a $20 filing fee for each request, along with a $5 fee for additional claims.

📄 Expungement Process Steps

The process for expunging a record in Rhode Island involves several key steps. To begin, individuals must file a motion in the court where the conviction occurred. They are then required to provide at least ten days' notice of the hearing to the Attorney General’s Office and the relevant police department.

After attending the scheduled hearing, individuals must ensure all financial obligations are met before obtaining certified copies of the expungement order.

⏳ Processing Times and Deadlines

The courts assign a hearing date at least ten days after a motion is filed. For those involved in the automatic expungement of marijuana charges, phase one is already complete. Phase two, focusing on cases with multiple charges, is expected to wrap up by July 1, 2024.

📌 Key Points Summary

  • 🌿 Automatic expungement of marijuana possession charges began in 2023.
  • 💰 No fees are required for expungement applications.
  • 📄 The expungement process involves specific steps and notifications.
  • ⏳ Hearing dates are assigned at least ten days after filing.
  • 📅 Phase two of marijuana charge expungement is due by July 1, 2024.

💡 Tips for Navigating Expungement in Rhode Island

It is important to discuss your specific situation with your attorney. Understanding the details related to your case can help you navigate the expungement process effectively.

📑 Understand Your Eligibility

Different types of criminal arrests or convictions may be eligible for expungement. These include some misdemeanors and non-violent felonies. Contact the Rhode Island Attorney General's Office to verify your eligibility for expungement.

📋 Complete Your Forms Accurately

When filing for expungement, ensure that all forms are completed accurately. The correct forms are necessary for both the Superior and District Courts. Inaccurate forms can delay the process or result in a denial.

🗓️ Keep Track of Deadlines

Be mindful of deadlines, especially when it comes to the automatic expungement process for marijuana charges. Phase two is scheduled to be completed by July 1, 2024, so make sure to stay informed about your case status.

📢 Attend Your Hearing

You must attend the scheduled hearing for your expungement request. The court will assign a date that is at least ten days from when you file your motion. Failing to attend may jeopardize the outcome of your request.

📜 Obtain Certified Copies After Approval

Once your expungement is granted, it is essential to obtain three certified copies of the expungement order. These copies should be distributed to the Attorney General’s Bureau of Criminal Identification Unit, the police department involved, and kept for your personal records.

🆓 Seek Free Assistance

Utilize resources like the Rhode Island Attorney General's Office, which offers expungement clinics. These clinics can help you evaluate your eligibility and assist with completing necessary forms.

❓ Frequently Asked Questions

❓ What types of convictions can be expunged in Rhode Island?

Certain misdemeanors and non-violent felonies may be eligible for expungement. It is essential to check with the Rhode Island Attorney General's Office for specific eligibility criteria.

📅 How long does the expungement process take?

The court assigns a hearing date at least ten days after the motion is filed. The entire process can vary based on individual circumstances and case complexity.

💼 Are there fees associated with the expungement process?

As of October 2026, there are no fees required during the expungement process for most individuals. However, contractors may face specific fees when seeking expungement of claims.

📜 What should I do after my expungement is granted?

Once granted, individuals should obtain three certified copies of the expungement order. These copies should be distributed to relevant agencies and kept for personal records.

🏛️ Can I apply for expungement if I have other pending charges?

Individuals with pending charges may not be eligible for expungement. It is advisable to consult with the Rhode Island Attorney General's Office for guidance on your specific situation.

📞 Where can I find assistance with the expungement process?

The Rhode Island Attorney General's Office offers clinics and online resources to assist individuals in navigating the expungement process. These resources can provide valuable guidance and support.

⚖️ Recent Cases Related to Expungement

Recent court rulings have clarified the expungement process and eligibility criteria in Rhode Island. These developments are significant for individuals seeking to clear their criminal records.

For more information, feel free to browse more rulings on the news page.

End of October 2026 Update





Rhode Island expungement laws protect certain criminal records from being viewed by the public. Criminal records that have been expunged are no longer accessible by the general public. No evidence of a crime will show if someone searches the Rhode Island crime depository. Any individual who has had their criminal record expunged is legally permitted to deny and involvement in the criminal case. The information on the expunged record cannot harm any person seeking employment, permits, or licenses.

Expunged records may still be accessed by the court that expunged them as well as criminal investigators. The expunged record can appear in a criminal trial involving the defendant that was subject to the Rhode Island expungement. Once a record is expunged in Rhode Island, all identifiable records must be removed from the file including fingerprints, mugshots, photographs, and physical measurements.

Criminal Records

Criminal records may be expunged in Rhode Island if:

Rhode Island Expungement Laws

         There was not a violent felony or misdemeanor committed.


         It has been five years since the conviction of a misdemeanor.


         It has been ten years since the conviction of a felony.



Filing a Rhode Island Expungement

Filing a request for expungment of criminal records must be done with ten days’ notice to the court, police department and the attorney general. After hearing all testimony, the court may make a decision on whether or not to grant the expungement to the defendant. If the necessary five years for a misdemeanor or ten years for a felony has passed and the person has not committed any offenses in that time, it will go a long way toward showing good moral character and increasing their chances of receiving an expungement. 

If passed, the expungement comes with a $100 fee that must be made. The court will notify all agencies in possession of information regarding the previously open public record and they will have to submit all information to the court.

Juvenile Expungements

Juveniles are eligible for a Rhode Island expungement. All information including names are turned over to the Rhode Island are handed over to family court. No petition is needed and the State is responsible for keeping all information regarding the juvenile private. No information regarding the outcome of the case will be made public. 

Any parent, guardian, or attorney willing pay a fee is free to obtain the sealed juvenile criminal records. Once in possession, the inspection or copying of the record is under the responsibility of the parent, guardian, or attorney in control of the expunged record.

Pardons

The Governor of Rhode Island has the power to pardon and expunge a criminal record except in cases of impeachment.