This is a question that we are frequently asked at the Law Offices of Matthew T. Marin, Esq. Inc. We assist regular people in expunging felony cases from their criminal record on almost a daily basis. The short answer to that question is, like the answer to most legal questions, it depends. There are two main roadblocks to expunging a felony charge in Rhode Island. First, to be eligible you need to wait at least 10 years from the date of your conviction, if convicted. (If the case was dismissed or sentencing was deferred, then this waiting period may not apply). Second, to be eligible you cannot have any other records of conviction or probation.
You Must Wait 10 Years from the Date of the End of Your Sentence
In most cases, this means that if you were sentenced to probation, or probation with suspended sentences, on a felony charge in Rhode Island you must wait 10 years from the date that your probation ended. So, for example, if you received a sentence of 5 years of probation in 1995 your probation would have run out in the year 2000. Then you would need wait 10 more years until the year 2010 before you would be eligible given the mandatory waiting period. In addition to the waiting period, you also have to overcome the second most common roadblock.
You Cannot Have Any Other Convictions or Probation Cases on Your Record
In addition to waiting 10 years from the end of your sentence, you also must be a "first time offender" to be eligible to expunge your Rhode Island felony charge. A "first time offender" means that you cannot have any other cases in which you were either convicted or received probation. If you have another case, even something as minor as a driving on suspended license case, you will be deemed not a "first time offender" and you will be denied the ability to expunge your record.
Contact Attorney Matthew Marin for Experienced Assistance Expunging Your Rhode Island Felony Charges
Attorney Matthew Marin has assisted hundreds of people expunge their Rhode Island felony charges, oftentimes without the defendant ever appearing in a courtroom. Just today we received a tremendous review from a former expungement client who we helped expunge an old felony charge. Here is what he had to say:
Contact us today for a consultation or fill out the no obligation expungement consultation contact form on our website. We are available 24/7 at 401-228-8271.