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Roger
Roger, Lawyer
Category: Criminal Law
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Under RI law, a felony can be expunged from your record 10

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Under RI law, a felony can be expunged from your record 10 years after completion of sentence. A new law was just passed on Friday that will move from public view any record of cases in which an admitted criminal has been given a deferred sentence and then stayed out of trouble for five years. I received 5 years probation in 2000 for felony marijuana charge. I am getting conflicting answers on whether this was a deferred sentence or not. I have contacted 2 RI lawyers and received 2 different answers. HELP!<br /><br />....on a side note..I have received 2 summons over the past 4 years to serve Jury Duty..I was under the impression that a felony conviction prohibits someone to serve jury duty.  I didnt end up serving because I travel for work most of the time and was told by the jury dept that I didnt have to serve. - - - - - - - and i was able to vote while on probation.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

For expungement of records of conviction, the person must be a first offender not convicted of a crime of violence. "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.

 

A person is eligible if in the five (5) years preceding the filing of the motion, if the conviction was for a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor, there are no criminal proceedings pending against the person, and he or she has exhibited good moral character.

The court must also find that petitioner's rehabilitation has been attained to the court's satisfaction and the expungement of the records of his or her conviction is consistent with the public interest. G.S. § 12-1.3-3.

 

Here are a few links that provide additional information on the process:

 

http://www.courts.ri.gov/records/expungement.htm

 

http://expungement.uslegal.com/expungement-of-criminal-records/rhode-island-expungement-law/

 

 

Customer: replied 6 years ago.
The new law states that it will move from public view any record of cases in which an admitted criminal has been given a deferred sentence and then stayed out of trouble for five years. My question was how can I find out if it was a deferred sentence or not?

here is a link to the news article: http://www.projo.com/news/content/expungement_law__06-25-10_A8J03F6_v24.175f223.html
Expert:  Roger replied 6 years ago.

Ok. I you want to know if your sentence was deferred, you would have to contact the clerk for the court where your sentence was handed down and ask them to look at the file and tell you.

 

However, based on what you've told me, it doesn't sound like you received a deferred sentence, which is is a sentence that is suspended until after a defendant has completed a period of probation. If the defendant fulfills the stipulations surrounding probation, a judge may then throw out the sentence and guilty plea, clearing the incident from their record.

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Customer: replied 6 years ago.
I just found this on the RI Public Defender website: With both straight probation and a deferred sentence, no conviction results if the defendant completes the probationary period successfully. Imposition of straight probation or a deferred sentence does not result in a criminal record if the probation ends successfully.
http://www.ripd.org/Handbook/chbSentence.htm
does that mean I shouldnt have a record at all?
Expert:  Roger replied 6 years ago.
If you meet this criteria, no conviction would be on the books. You'll need to check and see exactly what happened in your case and then you can figure out what you need to do.
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