Expungement

Kilroy Law Firm of Providence, Rhode Island

REQUEST A CONSULTATION

If you’ve got a criminal case or conviction on your record, you know it can affect your life negatively. In this highly competitive and tough job market, a clear criminal record can mean the difference between getting a job you deserve or settling for a job you can get. It can also affect your ability to receive a loan or live in a decent neighborhood. To change this, you will need a Rhode Island expungement lawyer who understands the process.

Rhode Island criminal expungement attorney - gavel and expungement sign

Many people are under the impression that simply because a criminal case against them was dismissed, was never filed after their arrest, or they were acquitted at trial, that their criminal history is clean. Put simply, it’s not true. If you were arrested-or like in many situations, simply charged-your criminal record most likely still contains details about your case.

But there is an option. Expungement is a legal process in which criminal and court records are destroyed. This process prevents potential employers from publicly accessing those records. Once this takes place, an individual can legally deny or fail to acknowledge ever having been arrested or charged with any crime that has been expunged. Not every case or individual is eligible to have their case sealed or expunged. Contact our experience Rhode Island criminal expungement attorney for more information.

Rhode Island Expungement Process

Rhode Island offers the ability to seal or expunge criminal records. A record can be sealed if the case was dismissed, there was no true bill, or there was no information. These records can be sealed unless you have been convicted of a felony. If you were found not guilty at trial, the case can be sealed even if you have a felony conviction against you. If you were wrongfully arrested, you may be able to have the arrest sealed even if you have previous convictions. If your case was filed, you will have to wait one year to file a motion to have it sealed or three years if the case is a domestic violence case.

Expungement

Rhode Island allows individuals who have been convicted of a crime to have their record expunged. The eligibility requirements depend on how many cases the defendant has and whether he or she was convicted of a misdemeanor or felony. Expungement is possible through filing a Motion for Expungement. The prosecutor is given notice of the application for expungement and can contest it. In addition to showing that you meet the eligibility criteria, the judge must find that you are of good moral character and are rehabilitated. The judge has important discretion in making this determination.

First-time offenders convicted of a misdemeanor must usually wait five years after completing their sentence or probation. If you have been convicted of multiple misdemeanors, you must wait ten years after completing your last sentence. You cannot expunge convictions for domestic violence, driving under the influence, or refusal to submit to a chemical test unless you are a first-time offender.

Only first-time offenders can expunge felony convictions. Additionally, the crime cannot be one of violence and the defendant must wait ten years after completing his or her sentence before requesting expungement.

Massachusetts Expungement Process

Like in Rhode Island, there is a distinction between sealing a criminal record when a conviction did not occur and expunging a criminal record after a conviction. Sealing is available when a criminal case is dismissed, continued without a finding, or you were found not guilty.

Juvenile records may be expunged after three years from the date of the juvenile misdemeanor offense occurs or seven years after the date of a juvenile felony offense. You must meet certain eligibility criteria and the crime must be one that is capable of being expunged from the record. This excludes many violent crimes, sex offenses, and violations of restraining orders. Our highly knowledgeable Rhode Island expungement lawyer can answer your question about the process.

For adult defendants, Massachusetts has strict expungement guidelines. Eligibility criteria must be met. For most felony charges, the defendant has to wait 10 years after completing their sentence. For sex crime convictions, the defendant must wait 15 years. If the defendant is required to register as a sex offender, he or she cannot petition for expungement while required to register. No offenses can be committed during these long waiting periods. Additionally, many crimes are excluded from expungement, including sexual assault or weapons-related crimes.

Contact an Experienced Rhode Island Expungement Attorney

The expungement process is one that can be extremely difficult. It is often in your best interest to have an experienced criminal defense lawyer assist you in any application to seal or expunge your criminal record.

If you think you might be eligible, contact the Kilroy Law Firm. A former prosecutor, Attorney Kilroy has devoted his firm to the practice of law in Rhode Island and Massachusetts. Due to his experience, he knows what’s at stake for you and will work zealously to safeguard your rights and provide you with the best possible defense. By successfully removing these records from your criminal history, anyone-such as a possible employer-who inquires about your criminal history will be told that there is “no such record for that person present.”

To schedule a free consultation, contact our Rhode Island expungement lawyer online or call or text us at (401) 855-9023.

Client Review


Rating:

"Quality, efficient, attentive are just a few words to describe the type of services you receive. He was able to answer everything and explain all matters to me thoroughly. He always kept things professional and always made sure I understood exactly what was going on. There was nothing that went on that I wasn't aware of. If you want adequate and the best representation then hire him!"
- Simone Cotton

Contact Us

  • This field is for validation purposes and should be left unchanged.
Don't Take Our Word For It, Our Satisfied Clients Say It All

Check out the testimonials from our happy customers below

Testimonials

Got Drug Charge Reduced to a Filing

Attorney Noah Kilroy was very thorough in his handling on my husband’s case! He presented as very skilled in court, and was able to get the outcome that my family was looking for- a reduced drug charge, avoiding a conviction and jail time. I would definitely recommend Attorney Kilroy to others who are looking for competent representation!

Norma - Providence, RI

DUI Dismissed

Noah was an absolute pleasure to work with. He was extremely helpful with my DUI case and any questions I had. He did a great job of keeping me informed with what was going on & was very honest & trustworthy. And to top it off, he got my DUI dismissed! I would definitely use him again and highly recommend him to anyone in need of a honest lawyer.

Ashleigh - Newport, RI

Exceeded Expectations

Noah helped my family with my brother’s parole hearing. My brother had nothing but good things to say about him and our family was always kept in the loop. I spent countless hours trying to figure out the best way to help my brother, when Noah was hired he took the reigns but still allowed our family to be a huge part of the process. He was available to take my calls and always responded to my texts and emails. I would definitely recommend him to anyone who is looking for an attorney.

Karen - Providence, RI
Kilroy Law Firm Free Consultation
127 Dorrance St
Providence, RI 02903
(401)-855-9023