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Why Expunging or Sealing Your Criminal Record in Rhode Island Is So Important

Posted by Michael Zarrella | Apr 28, 2025 | 0 Comments

Why Expunging or Sealing Your Criminal Record in Rhode Island Is So Important , And How Attorney Michael Zarrella Can Help

Having a criminal record can haunt you long after you've served your time or paid your fines. In Rhode Island, a past conviction—even for a misdemeanor—can limit your access to jobs, housing, education, and even certain professional licenses. Fortunately, the state offers a legal pathway to clear your name through expungement or record sealing. But the process can be complex and filled with legal pitfalls. That's why working with an experienced attorney like Michael Zarrella, who knows the ins and outs of Rhode Island expungement law, can make all the difference.

What Is Expungement or Sealing?

In Rhode Island, expungement means the legal destruction or sealing of a criminal record so that it is no longer accessible to the public. Under R.I. Gen. Laws § 12-1.3-1 and § 12-1-12, certain criminal charges, arrests, or convictions may be eligible to be expunged if specific conditions are met. Once a record is expunged, you can legally state that you were never convicted of that crime in most situations, including job applications.

Sealing, on the other hand, typically applies to cases that were dismissed, where you were found not guilty, or where charges were dropped. While the record is not destroyed, it is hidden from public view.

Why It Matters

Many individuals who had the opportunity to get their criminal records sealed or expunged in Rhode Island missed their chance, either because they didn't know they qualified, didn't take the legal steps, or simply waited too long. As a result, they later got arrested again, which made their legal situation much worse.

In these cases, people who originally had misdemeanor convictions that could have been wiped clean from their records ended up being convicted again, often of new or more serious offenses. Because Rhode Island's expungement law requires a clean record during the waiting period they may have missed a golden opportunity to have a clean record.

So instead of getting a fresh start, they end up:

  • Facing harsher sentences, since judges often consider past convictions during sentencing.

  • Losing eligibility for sealing or expungement, sometimes permanently.

  • Carrying a permanent criminal record, which affects jobs, housing, education, and more.

This is especially unfortunate because Rhode Island has made major reforms to allow more people to expunge old mistakesup to five misdemeanors, for example but that window can close fast if someone reoffends.

A criminal record, even for something minor, can follow you for life:

  • Employment: Employers often conduct background checks, and a record may disqualify you, even from jobs you're well-qualified for.

  • Housing: Landlords may refuse to rent to someone with a record.

  • Education: Some colleges and universities ask about criminal histories on applications.

  • Licensing:  A criminal history could stop you cold.

  • Peace of Mind: Just knowing your record is clean can relieve a huge burden and give you a fresh start.

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Who Is Eligible for Expungement in Rhode Island?

Eligibility depends on the type of offense and your criminal history. According to R.I. Gen. Laws § 12-1.3-2, here are a few common scenarios:

  • First-time offenders with misdemeanor convictions may be eligible after 5 years.

  • For felony convictions, you must typically wait 10 years from the completion of your sentence.

  • If your case was dismissed, you were found not guilty, or no true bill was returned, you may petition for sealing immediately under § 12-1-12.

  • If you've received a filing (a form of deferred prosecution), you must wait one year after completion.

  • Under R.I. Gen. Laws § 12-1.3-2, an individual may now expunge up to 5 misdemeanor convictions, under certain conditions

There are exceptions. For example, domestic violence offenses and DUIs have special rules and may not be eligible under the standard timeline. That's why it's critical to consult with someone who understands all the nuances.

How Michael Zarrella Can Help

Attorney Michael Zarrella has decades of experience navigating Rhode Island's criminal justice system. As a former prosecutor turned defense attorney, he understands both sides of the courtroom, giving him a unique perspective when handling expungement petitions.

What sets Attorney Zarrella apart?

  • In-depth knowledge of expungement law under Rhode Island statutes.

  • Strategic guidance on the best timing and method for filing your petition.

  • Thorough preparation of all necessary court paperwork and appearances.

  • Strong relationships with local judges and prosecutors.

  • A track record of success helping people move on from their past.

Trying to do it alone or relying on a general-practice lawyer can lead to costly delays or denials. Michael Zarrella ensures that nothing falls through the cracks and that your petition meets every legal requirement.

Don't Wait to Clear Your Record

The sooner you act, the sooner you can put the past behind you. Rhode Island offers second chances—but you need to take the first step. If you think you may be eligible to have your record expunged or sealed, contact Attorney Michael Zarrella today for a confidential consultation.

Your future doesn't have to be defined by your past.

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