Earlier this month in August 2016, the Second Circuit Court of Appeals has ruled that District Court Judges lack authority to expunge federal criminal convictions, overturning a May 2015 ruling by a Federal District Court Judge.Read More
Discussing current issues involving the expungement of Rhode Island criminal records while providing insight and assistance those seeking expungement.
In 2015, the Rhode Island Legislature passed a little know amendment allowing individuals who have been acquitted of criminal charges by Judge or Jury after trial to expunge records related to those arrests regardless of their prior criminal history. Contact Attorney Matthew Marin for more information at 401-228-2817.Read More
Cowboy Greg Hardy's domestic violence charges are expunged by a North Carolina Judge one year after his arrest.Read More
Suspended license charges in Rhode Island present a myriad of issues when looking to have these charges expunged from your record. Unlike many other criminal charges, the sentence for driving on a suspended license in Rhode Island can vary from case to case, court to court, and Judge to Judge. Generally speaking, for a first offense driving on a suspended license in Rhode Island one can expect to find the following possible sentences:
- Dismissal pursuant to Rule 48A
- Dismissed with Court Costs
- $250 Fine plus Court Costs
For expungement purposes, the Dismissal pursuant to Rule 48A (which means by the Prosecutor/Police) and Dismissed with Court Costs are treated the same. Both are immediately eligible for expungement after the dismissal is complete (as long as you do not otherwise have a Felony Conviction on your record). There is no Court imposed expungement fee to have the case removed and there is no waiting period before the case can be expunged and removed from your record.
If you were charged with a first offense driving on a suspended license and were sentenced to a $250 fine, you need to review your other criminal history to determine if you are eligible for expungement. If you have no other criminal record, you would be eligible to have the case expunged from your record after waiting five years from the date of the conviction. If you have other charges/convictions on your record, it is in your best interest to have an experienced Rhode Island Expungement lawyer review your record and determine if you are eligible to have the case expunged from your record. If you are eligible to have the case expunged from your record, once the process is complete the Court will impose a $100 expungement fee payable to the Court in which your case was handled.
If you have ever been charged or issued a ticket for Driving on a Suspended License in Rhode Island, contact Attorney Matthew Marin today for a no obligation expungement consultation to determine if the case can be expunged and removed from your record. We are available 24/7 at 401-228-8271 or by email at firstname.lastname@example.org.
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Last week, Eastern District Judge Raymond Dearie lamented the fact that he could not erase the criminal record of a woman who successfully "turned her life around." Arecent Article in the New York Law Journal details Judge Dearie's comments. Judge Dearie went on to say that basic ideas of fairness provide that someone who makes a mistake deserves a second chance.
Unlike in Rhode Island, there are no Federal statues which provide for the expungement of an arrest record. Most Federal Courts have declined to follow a 1977 ruling from the U.S. Court of Appeals for the Second Circuit which held that expungement was a power given to a judge's "equitable discretion" though the relief should be granted in "extreme circumstances."
While the Rhode Island expungement statutes are much more liberal and broad than the equitable powers of the Federal Judges, there are still highly frequent instances in which the Rhode Island expungement laws are extremely harsh and unfair. Moreover, the Rhode Island Expungement statute provides our Judge's without any discretion to grant an expungement if it does not fit the precise terms of the expungement statute.
Much can, and should, be done to alter the harsh and unfair nature of the Rhode Island Expungement statutory scheme. First and foremost, Rhode Island Judge's should be granted the discretion to grant expungements even if they do not meet the technical requirements of the Expungement statute.
If you are one of the 65 million Americans living with a criminal conviction and dealing with the collateral consequences of that record, contact Attorney Matthew Marin today for a no obligation expungement consultation to see if we can help clear your record. We are available 24/7 at 401-228-8271 or by email at email@example.com.
Full Text of the New York Law Journal Article can be found here:
One of the pleasures of assisting Clients through difficult junctures is the light at the end of the tunnel. Fortunately for our Client's, Rhode Island has relatively liberal expungement laws allowing those charged and in some cases convicted of criminal misdemeanors and felonies to have their criminal records sealed and expunged.
As was the case recently in Maryland, each year Rhode Island tweaks the expungement laws to allow individuals to expunge more records and, in some cases, to have them expunged in a faster period of time. If you have a criminal case on your record, give us a call today so that we can provide you with a no obligation, free expungement consultation. We are available 24/7 at 401-228-8271 or via email at firstname.lastname@example.org.
Please find a link to the Baltimore Sun Article titled "The Joy of a Clean Slate" below:
Earlier this month the Rhode Island House of Representatives approved a bill that would clarify the treatment of adult violations of Rhode Island civil violations of the marijuana law. At conflict is whether to treat civil violations of possession of one ounce or less of marijuana as a publicly available "conviction" or to seal them from public view.
The prevailing view, prior to the introduction of the House bill, was that these civil violations were not publicly available records. However, conflicting statutory provisions put that interpretation in doubt. In an effort to clarify the situation and end all doubt, the House bill would seal first and second offense civil violations for possession of one ounce or less of marijuana from public disclosure. The bill now requires passage in the Senate prior to becoming law.
To read the full article as covered by Katherine Gregg in the Providence Journal, follow this link: http://www.providencejournal.com/article/20150505/NEWS/150509566/13764
In today's competitive job market, having a criminal record can be an opportunity killer.Read More
Candidate for State Rep in Rhode Island calls for banning domestic violence expungements (because it is politically expedient for her race).Read More
Attorney Matthew Marin explains the process of expunging Rhode Island Domestic Violence Filings and the special rules that apply to these cases. Contact us for experienced advice.Read More
Attorney Matthew Marin explains the "Ban the Box" Legislation implemented in Rhode Island effective January 1st, 2014. Contact us for assistance expunging your Rhode Island criminal record.Read More
Attorney Matthew Marin can assist you in expunging your Rhode Island domestic violence conviction. Contact us for a no obligation expungement evaluation regarding your domestic violence charges.Read More
We are frequently asked "Can I expunge my Rhode Island felony charge?" This can be a complicated question, and Attorney Matthew Marin can assist you in understanding your rights and expunging your felony record.Read More
Attorney Matthew Marin explains how to use the Rhode Island Judiciary Website to gather the case information you need to file for expungement in Rhode Island.Read More
If you intend on working closely with children at a public or private school in Rhode Island, contact Attorney Matthew Marin to assist you in expunging your Rhode Island criminal record.Read More