Even minor criminal convictions will appear on a background check. They can affect your ability to find employment and housing, get credit and loans and obtain various licenses. They can even end up working against you in cases of divorce, child custody and adoption.
For minor offenses, the state provides a way for you to essentially clear your record and avoid these problems. Once you complete the process and a court orders your record expunged or sealed, these offenses no longer show up when your background is checked. The expungement process can be complicated – it’s best to consult a Rhode Island expungement attorney for any questions you have regarding your case.
Rhode Island criminal defense attorney and former prosecutor Stefanie A. Murphy has been successfully defending people charged with crimes in Rhode Island for more than 11 years. If you are, or think you may be, eligible to have your record sealed or expunged, she can help. If you have already had your record expunged but something went wrong and your conviction remained public information, she can help. Call the Marin, Barrett & Murphy Law today for your free consultation with our Rhode Island expungement lawyer.
In a few cases, Stefanie can prevent prosecutors from filing charges at all. In many cases, Stefanie will negotiate to have the charges reduced or dropped entirely. When it is in your best interest, she will take your case before a jury for a full acquittal. Call Marin, Barrett & Murphy Law Firm right away for the aggressive, focused and committed defense you deserve in Providence and throughout Rhode Island. The initial consultation is free and payment plans are available to fit your budget.
In Rhode Island, there are two devices for clearing your record: sealing and expungement. The effect is the same but the process for obtaining them differs.
Most people are surprised to learn that acquittals and dismissals remain part of their record, but they do. Any background check would still turn up the fact that the charges were filed. There is a court fee for expungement, but not for sealing. To learn more about record expungement and record sealing, schedule a free consultation with Rhode Island record expungement lawyer Stefanie A. Murphy.
Expungement is not automatic. Satisfying the eligibility criteria described above merely gives you the right to apply for expungement. The final decision remains with the judge, who is required by law to examine whether:
Expungement clears your criminal record when it comes to answering employment questions or testifying as a witness. You are no longer prevented from exercising most civil rights that are restricted for people with convictions.
Your conviction may, however, still be used as a prior offense to increase the severity of a sentence if you commit another crime. The expungement law also requires that the conviction still be disclosed in any application for employment in positions that call for special trust, such as law enforcement, the practice of law, or teaching.
Rhode Island imposes three requirements for the right to have our criminal record expunged:
The Rhode Island expungement law is very specific on this point. To qualify as a first-time offender you must not:
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