For purposes of this chapter only, the following definitions apply:
(1) “Crime of violence” includes murder, manslaughter, first-degree arson, kidnapping
with intent to extort, robbery, larceny from the person, first-degree sexual assault,
second-degree sexual assault, first- and second-degree child molestation, assault
with intent to murder, assault with intent to rob, assault with intent to commit first-degree
sexual assault, burglary, and entering a dwelling house with intent to commit murder,
robbery, sexual assault, or larceny.
(2) “Expungement of records and records of conviction” means the sealing and retention
of all records of a conviction and/or probation and the removal from active files
of all records and information relating to conviction and/or probation.
(3) “First offender” means a person who has been convicted of a felony offense or a misdemeanor
offense, and who has not been previously convicted of or placed on probation for a
felony or a misdemeanor and against whom there is no criminal proceeding pending in
any court.
(4) “Law enforcement agency” means a state police organization of this or any other state;
the enforcement division of the department of environmental management; the office
of the state fire marshal; the capitol police; a law enforcement agency of the federal
government; and any agency, department, or bureau of the United States government
that has as one of its functions the gathering of intelligence data.
(5) “Misdemeanor” includes, but is not limited to, those crimes previously classified
as felonies under law at the time the original sentence was imposed but reclassified
by the general assembly as a misdemeanor in the interim, prior to the time the motion
to expunge is brought.
(6) “Records” and “records of conviction and/or probation” include all court records,
all records in the possession of any state or local police department, the bureau
of criminal identification, and the probation department, including, but not limited
to, any fingerprints, photographs, physical measurements, or other records of identification.
The terms “records” and “records of conviction and/or probation” do not include the
records and files of the department of attorney general which are not kept by the
bureau of criminal identification in the ordinary course of the bureau’s business.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1999–2024 · leading case:
State v. Badessa, 869 A.2d 61 (R.I. 2005).
State v. Badessa, 869 A.2d 61 (R.I. 2005).
· cites it 14× “Justice Holmes 1 Who is a “first offender” for the purposes of the expungement statutes as codified at G.L.1956 §§ 12-1.3-1 to 12-1.3-3? Does the term “first offender” as defined in § 12-1.”
State v. Briggs, 934 A.2d 811 (R.I. 2007).
· cites it 4× “The defendant Briggs seeks to expunge a charge of second-degree robbery, which specifically is defined as a crime of violence under § 12-1.3-1(1), thus disqualifying him for expungement of his record.”
State v. Doris E. Poulin, 66 A.3d 419 (R.I. 2013).
· cites it 4× “1 permit the sealing of records related to charges against a person “after there has been an acquittal, dismissal, no true bill, no information, or [if] the person has been otherwise exonerated,” § 12-1-12; the ex-pungement provisions, G.L.1956 §§ 12-1.3-1 through 12-1.3-3, are…”
State v. Menard, 888 A.2d 57 (R.I. 2005).
· cites it 2× “Compare § 11-47-2(2) (including first- and second-degree arson as "crimes of violence”), with G.L.1956 § 12-1.3-1(1) (enumerating only first-degree arson as a "crime of violence”).”
State v. Faria, 947 A.2d 863 (R.I. 2008).
“Compare § 12-1.3-1(2) (expungement of court records "means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation”) -with § 12-1-12.”
State v. Alejo, 723 A.2d 762 (R.I. 1999).
· cites it 2× “In this proceeding, this Court is once again requested to interpret the expungement of criminal records statute, G.L.1956 § 12-1.3-1 and in particular §§ 12-1.”
United States v. Stevens, 598 F. Supp. 2d 133 (D. Me. 2009).
“R.I. Gen. Laws § 12-1.3-1(1). But, there is at least one offense — the violation of a duty to report sexual assault — that would require registration, but would not fit within the definition of crime of violence, and the offender would be eligible to move for expungement.”
State v. Manocchio, 743 A.2d 555 (R.I. 2000).
· cites it 2× “” Section 12-1.3-1(3). In addition, given his long criminal record, it cannot be argued that respondent had exhibited good moral character, a finding that is required before expungement can be ordered.”
— R.I. Gen. Laws § 12-1.3-1(1) — 4 cases
State v. Menard, 888 A.2d 57 (R.I. 2005).
“Compare § 11-47-2(2) (including first- and second-degree arson as "crimes of violence”), with G.L.1956 § 12-1.3-1(1) (enumerating only first-degree arson as a "crime of violence”).”
State v. Briggs, 934 A.2d 811 (R.I. 2007).
“The defendant Briggs seeks to expunge a charge of second-degree robbery, which specifically is defined as a crime of violence under § 12-1.3-1(1), thus disqualifying him for expungement of his record.”
United States v. Stevens, 598 F. Supp. 2d 133 (D. Me. 2009).
“R.I. Gen. Laws § 12-1.3-1(1). But, there is at least one offense — the violation of a duty to report sexual assault — that would require registration, but would not fit within the definition of crime of violence, and the offender would be eligible to move for expungement.”
— R.I. Gen. Laws § 12-1.3-1(2) — 2 cases
State v. Doris E. Poulin, 66 A.3d 419 (R.I. 2013).
“1 permit the sealing of records related to charges against a person “after there has been an acquittal, dismissal, no true bill, no information, or [if] the person has been otherwise exonerated,” § 12-1-12; the ex-pungement provisions, G.L.1956 §§ 12-1.3-1 through 12-1.3-3, are…”
State v. Faria, 947 A.2d 863 (R.I. 2008).
“Compare § 12-1.3-1(2) (expungement of court records "means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation”) -with § 12-1-12.”
— R.I. Gen. Laws § 12-1.3-1(3) — 3 cases
State v. Badessa, 869 A.2d 61 (R.I. 2005).
“Justice Holmes 1 Who is a “first offender” for the purposes of the expungement statutes as codified at G.L.1956 §§ 12-1.3-1 to 12-1.3-3? Does the term “first offender” as defined in § 12-1.”
State v. Briggs, 934 A.2d 811 (R.I. 2007).
“The defendant Briggs seeks to expunge a charge of second-degree robbery, which specifically is defined as a crime of violence under § 12-1.3-1(1), thus disqualifying him for expungement of his record.”
State v. Manocchio, 743 A.2d 555 (R.I. 2000).
“” Section 12-1.3-1(3). In addition, given his long criminal record, it cannot be argued that respondent had exhibited good moral character, a finding that is required before expungement can be ordered.”
Annotations are extracted automatically from the opinions in the
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