New expungement law can help many

Posted in General on September 27, 2017

In the past, many defendants have been denied an expungement because they are not a first time offender.  Even if the prior offenses were 20 or 30 years old, under the old law, the Court would deny the expungement.   New 2017 legislation changes all of that!!!

Now under the expungement laws- RIGL 12-1.3.-1, 12-1.3-2 and 12-1.3-3, a defendant with more than one misdemeanors may be eligible for an expungement.   RIGL 12-1.3-2 specifically states,

“Notwithstanding § 12-1.3-1(3) (“first offender”), any person who has been convicted of more than one misdemeanor, but fewer than six (6) misdemeanors, and has not been convicted of a felony may file a motion for the expungement of any or all of those misdemeanors by filing a motion in the court in which the convictions took place; provided that 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.”

Please contact Attorney Stefanie A. Murphy if you would like her to review your case under the new law.