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Rhode Island May Expand Reach of Criminal Records Expungement Law

May 9th, 2008 · 4 Comments

Access to criminal records is a controversial topic on many accounts. Criminal background checks for employment are often important safeguards to protecting vulnerable members of our communities, such as minors and the elderly. It can also help ensure that sensitive information does not fall into the wrong hands. For example, a job where employees have access to bank accounts or social security numbers may not be the best position for a person convicted of identity theft crimes. Yet, the flip side of this argument is that access to criminal records can also create an unfair stigma, especially for first time offenders. Not everyone convicted of a crime is a hardened criminal with no remorse.

As such, most states have laws which provide for expungement of criminal records. When a criminal records is expunged, this usually means everything associated with the criminal records is “destroyed” or no longer available to be viewed. This includes apprehension, arrest, detention, and trial information. So, if an employer performs a criminal background check on someone who committed a crime, but that record was expunged, the search result would be as if there was never a crime committed.

Expungement standards vary according to state. Rhode Island, which already has a reputation for liberal expungement standards, recently had a new expungement law approved by the House Judiciary Committee.

Rhode Island’s current laws allow criminal records to be expunged for first time non-violent offenders five years after the sentence is complete for misdemeanors, or 10 years after completing a felony sentence. The new proposed law, however, would expand the expungement option to deferred sentences. The proposed law reads:

This act would require the records of deferred sentences, dismissals…, or a not guilty finding by a judge or jury after trial, to be automatically quashed and destroyed, if upon completion of the five (5) year period after acceptance of the deferred sentence, no action has been taken on the case. Further, all records relating to the case would be expunged…

With a deferred judgment, the defendant must enter a plea of guilty and then generally has a period of probation where they are subject to certain conditions, such as not being convicted of another crime. If the person successfully completes the probation period, at the end of the time period the guilty plea is considered withdrawn and no judgment of conviction or sentence is entered. Under the new proposed law, after the 5 year probation period, all information related to this criminal record would be “quashed and destroyed.”

While some Rhode Island law makers feel this new law would help lift the barrier of a criminal record which keeps many from getting a good job. Yet others feel that including deferred sentences into the expungement law is a dangerous step because guilty plea was originally entered.

What are your thoughts on this new bill? Is it fair, should other states follow in Rhode Island’s footsteps?

To learn more about criminal records and other public records, visit the Rhode Island Free Public Records Directory.

clperkins82

Tags: News · Rhode Island

4 responses so far ↓

  • 1 Kerri // Jul 22, 2008 at 10:33 am

    I think the new law proposal is fair because some people make mistakes and want to change their lives around. What about someone who is 18 or 19 and gets convicted of a crime and finishes school and is not able to get a job 15 years later because of a mistake made in his/her distant past. I agree people should pay for their mistakes but not for the rest of their lives.

  • 2 carlos // Oct 15, 2008 at 7:13 am

    im in the middile of this i completed a deferred sentence of for a drug charge (weed 5 grams)i also completed my degree at ri collage for secondory education i want 2 get a job but no one will hire me esspecially for a teaching position.now the law says i have to wait 10yrs after the 5 i went threw to be even possible for me this is very unfair when u look at my case i can see if i touched kids or hurt someone in any way but i didnt very unfair to me and many others..

  • 3 Jeanne // Dec 18, 2008 at 12:10 pm

    Here’s one for corrupt Rhode Island; Girl gets raped, goes to trial, rapist is convicted with a 20 year deferred sentence. Now this scum man not even 10 years later is in court asking for custody of his young daughter. Guess what? His record is wiped clean during the custody battle. Not even a traffic violation. He (rapist) got full custody!!!!Dirty lawyers, even dirtier judge. I hope Karma is alive and well in Rhode Island. Enouph of these payoffs and politics at the expense of children and families. By the way, the judges initials are JJ and the rapist’s inititals are RG.

  • 4 Me // Jan 8, 2009 at 7:43 pm

    Jeanne, that story is horrible, but unfortunately what you laid out isn’t accurate. While I don’t know the specifics of the case because I don’t know the person, it’s impossible for them to receive a deferred sentence. Deferred sentences are only given when someone pleads No Contest in court, and is not eligible for someone who is convicted at trial. Also, the deferred sentence runs five years, not 20 years. There is no way his record could be wiped clear before his sentence is even over.
    What’s unfortunate is that many people who have received these deferred sentences had been told that by their attorneys or public defenders that by taking this plea deal, they will have no criminal record, yet once the person completes their end of the deal, the state fails to meet their own. Now they is one for typical corrupt Rhode Island.

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