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Expungement

Newport, RI Expungement Attorney

Expungement is a legal process through which an arrest or conviction may be erased from a person’s criminal record. Below you will find links to in-depth information on expungement, and state-specific resources on expungement and criminal records.

Rhode Island law sets out a procedure for a first offender to file a motion to expunge a record of conviction for a felony or a misdemeanor. Upon request, the Department of Attorney General’s Bureau of Criminal Identification Unit (BCI) provides the offender a copy of the conviction record at a cost. The Judicial Records Center maintains the criminal complaint which is available for copying. The foregoing information is needed to complete a motion to expunge.

By law, the motion is filed in the court in which the conviction took place. A ten-day period is necessary for the offender to give the Attorney General’s Office and the arresting police department notice that the motion to expunge is being filed. The court clerk’s office will assign a date at least ten days from the filing date.

If the motion is granted, certified copies of the court order should be provided to the arresting police department, the Department of Attorney General, and to the probation department (if applicable), in order to give notification that the record has been ordered expunged. Each agency should destroy its record.

Because the summary set forth above is for informational purposes only, it is recommended that you contact an attorney to discuss the procedures for filing such a motion. This summary information does not guarantee that the record will be expunged after a motion has been filed.

Contact the Rhode Island Expungement Lawyer S. Joshua Macktaz, Esq. for a free consultation.

EXPUNGEMENT FAQ’s

What is an “expungement”?

“Expungement” is a legal procedure. It allows eligible and deserving individuals to have any and all records relating to their criminal charges removed, both from public records and those of law enforcement agencies.

What types of criminal charges are eligible for “expungement”?

The law provides that any criminal charge, with the exception of a “crime of violence”, is eligible for expungement.

The law defines a “crime of violence” as follows: 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.

Anyone convicted of a “crime of violence” is ineligible for “expungement”.

Who is eligible to have their criminal record “expunged”?

Anyone who is a “first offender” is eligible to have their criminal record expunged.

The law defines a “first offender” as follows: a person 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.

Anyone convicted or placed on probation on more than one occasion is ineligible for expungement.

How long do I have to wait to have my criminal record “expunged”?

For misdemeanors – (5) years after the successful completion (no intervening convictions, probation, or pending cases) of your sentence and/or probation.

For felonies – (10) years after the successful completion (no intervening convictions, probation, or pending cases) of your sentence and/or probation

Who determines if I am eligible and deserving to have my criminal record “expunged”?

Whether you are eligible and deserving of an expungement must be determined by a judge of the court that originally heard the case.

As mentioned previously in order to be eligible to have your criminal record expunged you must be a “first offender” and not have been convicted of a “crime of violence”.

The law also requires that in order to have your criminal record expunged you must be deserving of it. That is, you must be able to demonstrate to the court’s satisfaction that you are of good moral character; have been rehabilitated and; the expungement of your criminal record is consistent with the public interest, proof of which can include but is not limited to the following:

  • Regular employment and financial and other support of family
  • Successful completion of substance abuse and/or mental health counseling
  • Community or other public service
  • Professional certification or licensing in field of employment
  • Otherwise eligible for induction into the armed forces of the United States

How do I go about having my criminal record “expunged”?

By filing a motion to expunge with the court. Some but not all courts have blank motions to expunge that you can fill out and file with the court yourself. The court’s Clerk’s Office may be available to assist you with completing the necessary paperwork including scheduling the motion for a hearing and giving you the date that it will be heard by the court.

After filing the motion to expunge you are required to give notice of the date that it will be heard by the court to the Department of Attorney General and the police department that originally brought the charge.

On the day that your motion to expunge is heard by the court you should be prepared to provide the following information about yourself to the judge hearing the motion:

  • Have not been convicted or received probation for a “crime of violence”
  • Are a “first offender”
  • Possess good moral character
  • Have been successfully rehabilitated and
  • The expungement of your criminal record is consistent with the public interest

If your motion to expunge is granted, the court will provide you with copies of an order requiring that any and all records relating to the expunged case be deleted from the public record. A copy of this expungement order should be mailed to the Department of Attorney General and any other law enforcement agency known to have copies of these records.

Although in some but not all expungements the assistance of a lawyer may not be necessary, you are entitled to be represented by counsel. If you cannot afford private counsel the Office of the Public Defender may be able to assist you.

What are the practical effects of having my criminal record “expunged”?

With certain very limited exceptions, any person having his or her record expunged shall be released from all penalties and disabilities resulting from the crime of which he or she had been convicted again, with certain very limited exceptions, in any application for employment, license, or other civil right or privilege, or any appearance as a witness, a person whose conviction of a crime has been expunged pursuant to this chapter may state that he or she has never been convicted of the crime.

When applying for employment opportunities, are there any circumstances in which I would be legally required to disclose information regarding my expunged criminal record?

According to RIGL § 12-1 3-4 (b), any person who is “an applicant for a law enforcement agency position, for admission to the bar of any court, an applicant for a teaching certificate, under chapter 11 of title 12, a coaching certificate under § 16-11. 1-1, or the operator or employee of an early childhood educational facility pursuant to chapter 48 1 of title 16,” is required to disclose the fact of a conviction.

Contact Newport Rhode Island Expungement Attorney S. Joshua Macktaz, Esq. for a free consultation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

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Testimonials

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From the moment that I first contacted Josh, he was nothing but professional. Josh got back to me immediately and conducted a phone interview on a holiday Monday at no cost to me. He was very forthright and truthful. By the end of our discussion I had decided to obtain Josh's services. During our discussion, Josh had already mapped out a plan if I did decide to go with him. Everything that Josh told me that day and every other time we spoke, was exactly spot on. I never felt so prepared. That should have come to no surprise to me considering Josh's resume and experiences. He seems to be one of the better known lawyers in the court system. His knowledge of judges, court clerks, state attorneys, and other lawyers is extremely helpful in getting his cases moved to the top of the docket. We never waited long in any of the courts I attended. Other court dates that I was not required to be there Josh let me know plenty of time in advance. There is nothing that comes as a surprise to him. I had never met Josh in person until our first court date but he knew exactly who I was and was totally prepared to litigate on my behalf. I would never hope to be in the situation that I was in again, but if I am I will call Josh immediately. I thought that if not for this problem, we would have been friends in another life. Josh is extremely prepared, professional, and well worth the fee.Do yourself a favor that if you are looking for a lawyer to help you through an alcohol related issue you can do no better that obtaining S.Joshua Macktaz as your representative.
Marty Orokos
13:04 09 Mar 20
Josh gave me a free consultation over the phone as I was unable to go to his office. He explained the entire process so I fully understood what to expect in and out of court, while making the experience as easy, and painless as possible. He will work directly with the court system to get you the best possible outcome, given your case. For mine, It went exactly as he said it would. I am extremely satisfied with his services!
Mike Alessandro
19:15 06 Mar 20
Josh was hands down the best. He was never misleading with any information and let me know step by step how everything was going to go. All of my questions and concerns were answered by him in a timely manner and he made the whole process as easy, stress free (considering the circumstances) as possible. I would HIGHLY recommend Mr. Macktaz as a DUI lawyer. Thank you again!
Em S
19:49 05 Mar 20
Josh is an incredible asset as your attorney. He truly is a master of his craft and will give you realistic expectations regarding your case. His honesty is truly commendable, keeping you in the loop at all times and on top of your case. Always prompt in his response, Josh is always willing to help ease your concerns regarding your legal issues. Can’t thank Josh enough for his help, the guy is the best and the only attorney I’d recommend to my friends and family!!
Mark V
19:13 05 Mar 20
Josh exceeded my expectations and made sure my case was as painless as possible from the first meeting. Not only was he professional, but he made me feel comfortable and gave me clarity to the extent of everything would work out. I hope I don’t have to, but I would choose to work with Josh again if any legal matters were come up again.
Jake Whitmarsh
23:39 05 Feb 20
This was my first time having to seek the services of a lawyer. Josh was friendly, transparent and incredibly informative. He helped me understand the process every step of the way. I'm grateful to have found him and wouldn't think twice about seeking his services again.
Nathan
23:04 02 Feb 20
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Jill Lamere
16:33 01 Feb 20
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VINCENT M Colapietro
16:21 01 Feb 20
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12:21 22 Dec 19
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Ashley Napolitano
17:31 20 Dec 19
Can’t even imagine the mess I would be in with out Joshua’s help. I was guided from the prompt first returned phone call through the entire process. The following day after my event we meet in Newport for a free consultation and he basically told me how things would unfold. In the end I achieved the best possible outcome for me and I owe it to the relationships he has developed and the years of experience that he brings to the table.
david crowley
17:19 19 Dec 19
From the beginning my case had a lot of difficulties and as we continued, new obstacles kept coming up. Josh always took the time to explain everything to me and to make sure I understood what was going on with my case. Every obstacle we encountered, he was always able to work around it and find solutions. He worked very hard to make sure I got a fair result from my case. Overall, Josh is a lawyer that truly cares about his clients and would go the extra mile to help. I strongly believe I wouldn’t have received the results I got without a lawyer like Josh. Highly recommend his services.
Karina G
22:10 05 Dec 19
Great legal defense. Makes you feel comfortable every step of the way. Thank you for everything Josh.
Sam M
15:24 21 Nov 19
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Christopher White
15:40 13 Nov 19
Attorney Joshua Macktaz is very professional and personable, emanating energy and confidence in all he does. Informs you every step of the way and easy to reach via email or phone call. Very knowledgeable with the law and how he takes action to get the desired result is truly remarkable. If he says something will happen, you can bet your bottom dollar it will! I Would and Will recommend Attorney J. Macktaz to anyone in need of an excellent trustworthy Attorney.I really hope this review helps someone that is not sure where to turn for help.
Nicholas Silva
18:03 11 Oct 19
Joshua was awesome in every aspect with me and my husband for his DUI case would hands down reccomend him to anyone. He is very knowledgeable and will be there every step of the way to make this process as easy and painless as it can be. Overall we had a great experience.
Erin Barche
14:36 09 Sep 19
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brian car
13:17 06 Sep 19
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Jennifer Chandler
15:32 29 Aug 19
Mr. Macktaz handled my case in a prompt and professional manor with the necessary legal experience that achieved a positive and beneficial result.
Bryan Stewart
00:35 21 Aug 19
I chose Josh because he seemed experienced and reputable. I was right. Josh knew the ins and outs of my situation, and he provided comforting wisdom every step of the way. When all was said and done, he did exactly what he said he would do, and I couldn't be happier with the results.
Jon Doe
19:12 31 Jul 19
Excellent attorney. Did exactly what he said he would and didn't promise anything he couldn't. Very knowledgeable and professional.
Seth Med
15:31 31 Jul 19
Joshua Macktaz is a very good very professional lawyer. Throughout me case he handled it seriously and kept me in the loop even when I was not present in the court room. Joshua represented me over a year long trial, and he never gave me a issue and in the end he got me a great result. All around I seriously recommend Joshua as a lawyer.
Caleb Butler
18:43 30 Jul 19
Josh was very professional. Took time to answer all my questions in a timely fashion. Made me feel at ease about the situation. Great lawyer
Brandon Nantais
10:06 07 May 19
Mr. Macktaz is an outstanding lawyer. He goes above and beyond for his clients making sure they get the best possible outcome there is! He believes good people sometimes make bad mistakes. I would highly reccommend his services. He will be with you every step of the way.
Haley Nims
17:00 05 May 19
Josh Macktaz is is an excellent attorney who really goes above and beyond for his client.I found him to be very trustworthy and intelligent. I had a technical probation violation. I needed a good lawyer for representation and Josh came highly recommended. He was very honest, respectful and made you feel at ease throughout the whole process. I would highly recommend him to family & friends.Thank You Josh & God Bless -Sam
Sam Wlt
18:21 01 May 19
Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
06:41 14 Dec 18

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