Expungement
Five Star Google Review Rated Expungement Attorney in RI
Expungement Law
You’ve committed a crime over a decade ago and have stayed out of trouble and turned your life around since. However, that conviction still haunts your life through public record searches, job application notification and housing applications. Rhode Island has recently expanded who is eligible to have their criminal records expunged. You may now qualify for an expungement.
If you have only one criminal matter on your record you may be eligible after a certain period of time to have that matter expunged. Furthermore, if you have multiple misdemeanor convictions, you may be eligible to have those matters expunged after a certain period of time.
What is an expungement?
An expungement is the legal 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.
My case was dismissed, can I get it off my record?
You are eligible to have a dismissed case sealed from your criminal record. Regardless of how many other criminal matters you have on your record.
What records are affected if my case is expunged?
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.
Am I eligible for an expungement?
You are eligible for an expungement if you meet the following criteria:
1. You are a first-time offender.
2. You have waited the requisite period of time since the completion of their sentence.
a. five (5) years for misdemeanors
b. ten (10) years for felonies
3. During the waiting period, you have not been convicted of nor arrested for any felony or misdemeanor.
4. There are no criminal proceedings pending against you.
5. You have exhibited good moral character.
Who qualifies as a First Offender?
Rhode Island Law defines a first offender as 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.
Are any crimes prohibited from Expungement?
Rhode Island Law prohibits crimes of violence from being expunged. Crimes of violence are 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.
I have multiple misdemeanor convictions, am I eligible for an expungement?
The short answer is it depends. The Rhode Island General Assembly has recently expanded who is eligible for expungements outside of first offenders. However, they have specifically prohibited certain crimes from expungement if you have multiple misdemeanor convictions. The following crimes are not eligible, Crimes of violence, Domestic Violence Convictions, Driving Under the Influence and Chemical Test Refusals.
You may be eligible to expunge multiple misdemeanor convictions if you meet the following criteria:
1. You have been convicted of more than one (1) but less than six (6) misdemeanors.
2. You have not been convicted of a felony.
3. You have waited ten (10) years since the completion of your last misdemeanor sentence.
4. During the ten (10) years since the completion of your last sentence, you have not been arrested nor convicted of any felony or misdemeanor.
5. You have no pending criminal cases.
6. You have exhibited good moral character.
What does “exhibited good moral character” mean?
According to Rhode Island Law, the Judge or Magistrate hearing the expungement motion must be satisfied that you, the petitioner, have been satisfactorily rehabilitated and that the expungement of the records of his or her conviction is consistent with the public interest. In theory you can meet every requirement but still be denied by the Court if you fail to meet this burden.
Contact the Law Office of Matthew L. LaMountain to walk you through this process and determine if you meet the requirements for an expungement. We will file the necessary paperwork to get your criminal convictions expunged and help prepare your case to show the Court that you have exhibited good moral character since your conviction.
LaMountain handles All Criminal Matters:
- Theft Related Cases
- Robbery
- Motor Vehicle Violations
- Firearm Cases
- Early Termination of Probation
- Drug Court
- Superior Court Diversion
- Expungements
EXCELLENT Based on 88 reviews KATHERIHNE KDecember 19, 2024Trustindex verifies that the original source of the review is Google. Mr. LaMountain was very sympathetic to my situation. He truly listened to my concerns, explained everything to me and got me a great deal. He told me not to worry and I didn't because I knew he was truly cognizant of my situation. Very helpful and always answered any questions I had quickly. Polite, respectful, fantastic person and truly a GREAT LAWYER! I can't thank him enough, thank you, thank you, thank you!! Tate DeanOctober 14, 2024Trustindex verifies that the original source of the review is Google. When I met Matthew I had been looking for a lawyer for a short time but already spoken to 4 others. He called me back proptly and we spoke for a long time about my case but also who I was as a person. I felt heard and supported and the way he spoke about his knowledge regarding my case's nature, he had already presented himself better than any of the other lawyers I had met. When we appeared at court he was strong and direct and efficient. I was very impressed on every court visit and I feel like he gave me and my case the attention I hoped for. I don't know what I was expecting but this was so much better. I can't say i was just lucky to have this man as my lawyer. He really helped me. Following up, I'm thankful for his legal representation, impressed by his personal character and I would recommend him to anyone seeking support through their struggle with the Rhode Island court system. FIVE STARS! I wish I could give him 6. Christine GuardinoSeptember 26, 2024Trustindex verifies that the original source of the review is Google. Mr. LaMountain is patient, respectful and informative. I live out of state and he was prompt in responding to any of my texts or phone calls with any questions or concerns which helped put my mind at ease. He fought for me to preserve my rights and we worked together through the whole process allowing me to get a exceptionally fair deal. He explained everything I needed to sign in detail and explained everything every step of the way so there were never any surprises. I would highly recommend using him to represent you if you want someone that is truly going to be on your side. Jerico Chere (Jerry Curl)September 24, 2024Trustindex verifies that the original source of the review is Google. Matthew LaMountain was a pleasure to work with. Straight to the point, helped in every way he said he would. I already have been reccomending him to anyone I know and if I ever get into trouble in the future I know who to call first. Arlene GarciaSeptember 19, 2024Trustindex verifies that the original source of the review is Google. Matthew is a well versed attorney and extremely attentive to any needs or concerns. He is compassionate, down to earth and understanding. I highly recommend his services to anyone needing legal assistance! Jennifer RSeptember 11, 2024Trustindex verifies that the original source of the review is Google. Matt is a professional. He worked to get the outcome we were looking for. Highly recommend. Ryan WilliamsSeptember 10, 2024Trustindex verifies that the original source of the review is Google. Attorney LaMountain achieved the best possible outcome for my case! Normand RicardSeptember 10, 2024Trustindex verifies that the original source of the review is Google. Matt was recommended to me to help with my issue. He is without a doubt the Best recommendation I have ever been given. Professional, compassionate and extremely knowledgeable. Simply put, the best of the best. Jennifer VoloSeptember 9, 2024Trustindex verifies that the original source of the review is Google. If you ever find yourself in need of a Lawyer I highly recommend Matt LaMountain and his team. I was not disappointed.