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Criminal record expungement is the process by which Rhode Island Defense Attorney Tom Thomasian and Attorney Jamie M. Gau petition the court to clear their client's criminal record. If granted, it will have the effect of erasing all evidence that you were arrested or ever committed a crime.
Call 401.312.4385 to request your free case consultation to see if you are eligible for expungement.
In order to qualify for a Motion to Seal or Motion to Expunge, you have to be a first-time offender. Rhode Island General Laws Title 12, Chapter 1.3, Section 1 defines a first-time 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.
Most first-time offenders will be eligible for either a Motion to Seal or Motion to Expunge. The only exception is if you have a crime of violence on your record. Under Rhode Island General Laws Title 12, Chapter 1.3, Section 1, a crime of violence includes:
A Motion to Seal is filed when a first-time offender has been exonerated or acquitted of the charges against them and a Motion to Expunge is filed after a first-time offender has been placed on and completes a sentence or has a fine imposed. Before deciding whether to file a Motion to Seal or Motion to Expunge, you should go to the Attorney General's Office and get a copy of your B.C.I. This is a document that contains your entire criminal record.
Once you have your B.C.I. document in hand, contact The Law Office of Thomas C. Thomasian, Esq. right away.
Our attorneys will be able to review your record and instantly inform you not only whether you are eligible to seal or expunge your criminal record, but also what motion to file. Once you decide on what motion to file, the firm will draft, file, and argue the motion on your behalf with the added benefit of you not having to appear in court. Our attorneys will handle all aspects of your expungement with precision thus alleviating you of any stress or anxiety you may feel about appearing in court.
In Rhode Island, a person who has a misdemeanor criminal offense, such as DUI (driving under the influence) or simple assault, on their criminal record must wait five years from the expiration of the sentence in order to qualify for a criminal record expungement. For example, if a person received a sentence of one year probation on a charge of DUI (driving under the influence) or simple assault, they would have to wait a total of six years from the date they were found guilty by a judge or entered a plea of guilty.
A person who has a felony criminal offense, such as domestic strangulation or breaking and entering (B&E), must wait a total of 10 years from the expiration of the sentence in order to qualify for a criminal record expungement. For example, if a person received a sentence of 10 years' probation on either domestic strangulation or breaking and entering, they would have to wait a total of 20 years from the date they were found guilty by a judge or entered a plea of guilty.
View some of the Motions to Seal or Motions to Expunge that the firm has successfully argued on behalf of clients.
If you, a family member, or friend would like your record sealed or expunged, contact The Law Office of Thomas C. Thomasian, Esq. in Rhode Island today. Attorney Thomasian has been named as a Top 100 Trial Lawyer and given the 2014 Avvo Client's Choice Award for his work with criminal defense clients throughout Rhode Island.
Do not give up hope, but get in touch with the firm today to discover if your record qualifies for expungement. You have nothing to lose - all initial consultations are free!
Call 401.312.4385 for a qualified Rhode Island defense attorney!