Rhode Island General Laws

R.I. Gen. Laws § 12-10-12 (2026)

Filing of complaints

✓ current as of July 2026

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(a) Subject to any other provisions of law relative to the filing of complaints for particular crimes, any judge of the district court or superior court may place on file any complaint in a criminal case other than a complaint for the commission of a felony or a complaint against a person who has been convicted of a felony or a private complaint. The court may, in its discretion, determine the length of time in which the case will be on file but in no event shall it be longer than the maximum jail sentence allowed by law. The court may in its discretion require, as a condition of the filing, the performance of services for the public good or may attach any other conditions to it that the court shall determine; provided, in cases where the court ordered restitution totals less than two hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall require that full restitution be made at the time of sentencing if the court determines that the defendant has the present ability to make the restitution.

(b) Express conditions of any filing in accordance with this section shall be that the defendant at all times during the period of filing keep the peace and be of good behavior and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations unless reduced or waived by order of the court. A violation of any condition set by the court may be deemed a violation of the filing and the matter that was filed may be resurrected by the court, or the court may impose a sanction. A determination of whether a violation has occurred shall be made by the court in accordance with the procedures relating to a violation of probation, §§ 12-19-9 and 12-19-14.

(c) In the event the complaint was originally filed under this section subsequent to the defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation but does not impose a sanction, may sentence the defendant. In the event the court filed the complaint under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation but does not impose a sanction, it may proceed to the further disposition of the complaint according to law. If no action is taken on the complaint during the period of filing, the complaint shall be automatically expunged. No criminal record shall result; provided, that in any civil action for a tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has been filed.

(d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a crime involving domestic violence was originally filed under this section subsequent to the defendant’s plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint for a crime involving domestic violence under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation, it may proceed to the further disposition of the complaint for a crime involving domestic violence according to law. If, during the period of filing, the defendant is not charged with a violation pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date of filing, the defendant is not charged with a crime involving domestic violence, or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime involving domestic violence shall be expunged without the requirement of filing a motion pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving domestic violence of which the defendant was charged within three (3) years after the filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo contendere, the court may take the plea into consideration.

(e) The defendant shall be advised that any and all bail money relating to a case that remains on deposit and is not claimed at the time of expungement shall be escheated to the state’s general treasury in accordance with chapter 12 of title 8.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1981–2024 · leading case: Cronan Ex Rel. State v. Cronan, 774 A.2d 866 (R.I. 2001).

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Cronan Ex Rel. State v. Cronan, 774 A.2d 866 (R.I. 2001). · cites it 6× “In denying defendant’s post-trial motion for arrest of judgment, the Superior Court relied upon G.L.1956 § 12-10-12 as authority for allowing Mrs.”

Ryan v. City of Providence, 11 A.3d 68 (R.I. 2011). · cites it 5× ““(6) For purposes of this section, ‘pleads guilty or nolo contendere’ shall not include any plea of guilty or nolo conten-dere which does not result in a conviction by virtue of G.L.1956 § 12-10-12 or 12-18-3, as amended.”

State v. Martini, 860 A.2d 689 (R.I. 2004). · cites it 6× “ (a) Every person convicted of or placed on probation for a crime involving domestic violence or whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere, in addition to any other sentence imposed or counseling ordered, shall be ordered by the judge…”

Beauchemin v. Sweeten, 471 A.2d 624 (R.I. 1984). · cites it 6× “1956 (1981 Reenactment) § 12-10-12, which provides: “any judge of the district court or superi- or court may place on file any complaint in a criminal case other than a complaint for the commission of a felony * * *.”

State v. Briggs, 934 A.2d 811 (R.I. 2007). · cites it 3× “Also, G.L.1956 § 12-10-12 provides that if no action is taken on a complaint filed by the District Court for a misdemeanor, when the individual previously has not been convicted of a felony, the complaint automatically must be quashed and destroyed.”

State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018). · cites it 3× “A judge of the Sixth Division District Court accepted the plea and ordered the case to be filed in accordance with G.L. 1956 § 12-10-12. Trooper Taylor also was ordered to perform twenty-five hours of community service work.”

State v. Kizekai, 19 A.3d 583 (R.I. 2011). · cites it 2× “At oral argument, the state clarified that Sampson’s plea to this misdemeanor was filed, pursuant to G.L.1956 § 12-10-12, and subject to ex-pungment if Sampson avoided further criminal infractions for one year.”

State v. Rocha, 834 A.2d 1263 (R.I. 2003). · cites it 2× “As to the Pawtucket arrest, Rocha pled nolo contendere to simple assault and disorderly conduct which resulted in a filing of the charges for one year pursuant to G.L.1956 § 12-10-12. 1 Before the trial began in the matter presently before us, defendant made two motions in…”

State v. Olink, 507 A.2d 443 (R.I. 1986). · cites it 2× “1956 (1969 Reenactment) § 12-10-12, as amended by P.L. 1978, ch. 296, § l.”

State v. Gobern, 423 A.2d 1177 (R.I. 1981). “1956 (1969 Reenactment) chapter 10 of title 12 with its addition to the chapter of § 12-10-12. The 1971 amendment now permits a justice of the Superior or District Courts to file criminal complaints in all *1180 cases except those involving convicted felons or private complaints.”

State v. James Briggs. State v. Anna M. Matthias (Mathias), 58 A.3d 164 (R.I. 2013). “"(c) Notwithstanding any other provision of this section, any person who has been charged with a complaint for a crime involving domestic violence where the complaint was filed upon a plea of not guilty, guilty or nolo contendere pursuant to § 12-10-12, must wait a period of…”

State v. Brown, 899 A.2d 517 (R.I. 2006). · cites it 6× “After the jury returned its verdict, the trial justice ordered the case filed for a period of one year, pursuant to G.L.1956 § 12-10-12. On appeal, Brown contends that the trial justice erred when he denied her motion for judgment of acquittal because she contends the state’s…”

Show all 17 citing cases →

— R.I. Gen. Laws § 12-10-12(a) — 1 case

State ex rel. Coventry Police Dep't v. Zachary Charlwood (R.I. 2020).

— R.I. Gen. Laws § 12-10-12(c) — 1 case

State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018). “A judge of the Sixth Division District Court accepted the plea and ordered the case to be filed in accordance with G.L. 1956 § 12-10-12. Trooper Taylor also was ordered to perform twenty-five hours of community service work.”

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