Having a criminal record can affect your ability to secure employment, housing, and even educational opportunities. Fortunately, Rhode Island law provides two main ways to limit the impact of a criminal record: expungement and sealing. While both serve to protect your privacy and future opportunities, the eligibility criteria and effects of expungement and sealing differ significantly. This blog clarifies these processes to help you understand the difference between expunged and sealed.

What Is Expungement?

Expungement is the process of removing a criminal conviction from your record. Once a conviction is expunged, the offense is no longer visible to the public and you are released from most penalties and disabilities associated with the crime. Additionally, on applications for most jobs, licenses, etc., you can state that you were not convicted if your record has been expunged.

However, under Rhode Island law, an expunged conviction is not entirely erased for all purposes. Key exceptions include:

• Sentencing in future cases—if you are convicted of another crime, the expunged conviction can still be used to determine the sentence imposed for the new offense; and
• Disclosure requirements—you may be required to disclose an expunged conviction when applying for certain jobs, professional licenses, or government positions, such as those in law enforcement or involving young children.

These limitations highlight the importance of understanding that expungement provides significant relief but does not entirely erase the legal history of the offense in all situations.

What Is Sealing?

Sealing a record refers to restricting access to records of an arrest or court proceeding that did not result in a conviction. Records can be sealed in the following situations:

• The charges were dismissed,
• You were acquitted at trial, or
• You were otherwise exonerated.

Once sealed, these records are not accessible to the public but may still be available to certain government agencies or for legal purposes. Sealing helps protect your reputation and opportunities by limiting public access to your legal records when you were not convicted of a crime.

What Is the Difference Between Expunged and Sealed and Dismissed?

Expunge vs. Seal

As noted above, the difference between expunged and sealed records primarily depends on whether a conviction occurred. These terms are often confused because many, even in the court system, use them interchangeably. Where they are similar is that a motion must be filed to have your record expunged or sealed, except in situations where dismissals are automatically sealed. This highlights the importance of working with a defense lawyer who understands the nuances of the law and can guide you through the correct process for your situation.

Is Expunged the Same as Dismissed?

In addition to understanding expunge vs. seal, it’s essential to clarify whether expunged is the same as dismissed. A dismissal means charges were dropped or you were acquitted, leaving no conviction and allowing for your record to be sealed. On the other hand, an expungement removes the record after a conviction. Both processes serve different purposes and apply to distinct circumstances, making professional legal guidance invaluable in determining the best approach.

What Makes You Eligible for Expungement in Rhode Island?

Rhode Island law determines eligibility for expungement based on several criteria. After a hearing, the court will determine if it will expunge your record if it finds the following:

• You’re a first offender. This means that you have not been previously convicted of a felony or misdemeanor or placed on probation and do not have another criminal proceeding pending in any court (individuals with up to five misdemeanor convictions with no felony convictions may also qualify for expungement as long as the convictions are all non-violent).
• Waiting period. A mandatory waiting period after the completion of your sentence is required—five years for misdemeanors and ten years for felonies. The waiting period begins after all terms of your sentence, including probation and fines, have been satisfied.
• Good moral character. During the waiting period, you must demonstrate good moral character, which refers to a pattern of behavior and decision-making that reflects honesty, integrity, and respect for the law and others.
• No pending charges. You cannot have any pending criminal charges at the time you petition for expungement.
• Public interest. The court must find that granting expungement aligns with the public interest, determining the potential impact on public safety and community trust, supporting broad social goals like rehabilitation, and reducing recidivism. 

These criteria facilitate the court’s decision to expunge records for individuals who have demonstrated rehabilitation and a commitment to moving forward positively.

Crimes Not Eligible for Expungement

Some offenses are explicitly excluded from expungement, including:

• Violent crimes,
• Child molestation charges,
• DUIs, and
• Any offense that is punishable by life imprisonment.

Meeting the eligibility criteria does not guarantee expungement. The final decision lies with the court, which will weigh your petition against the public’s right to access information about your criminal history.

Will an Expunged Record Ever Be Disclosed?

Even after expungement, there are circumstances where your record may legally be disclosed. Those times are when an inquiry is that of:

• A sentencing court following the conviction of another crime,
• A  bar admission or matters related to becoming or being an attorney,
• A commissioner of elementary or secondary education, or
• Any law enforcement agency.

It’s important to understand that while expungement offers significant privacy protections, it does not always guarantee complete erasure of your criminal record in every context. Consulting with a knowledgeable attorney can help you navigate these nuances and prepare for any required disclosures.

Can I Say I’ve Never Had a Record?

In most situations, you can legally state that you have never been convicted of a crime once your record is expunged. This applies when applying for jobs, licenses, or other civil rights and privileges, as well as during testimony as a witness. However, there are specific exceptions where disclosure is required, including:

• Applying to work at a law enforcement agency,
• Seeking admission to the bar to practice law,
• Applying for a teaching or coaching certificate, and
• Requesting to operate or work in an early childhood education facility.

These exceptions reflect roles where full transparency is required for public safety or professional standards. Understanding when disclosure is necessary ensures you comply with legal and professional obligations.

Can I Get a Juvenile Record Expunged in Rhode Island?

For juveniles, the sealing and expungement process works slightly differently. Under Rhode Island general laws, records of juvenile offenses are handled with heightened confidentiality.

• Treatment of records. Police and court records related to juveniles are classified as family court records, ensuring privacy.
• Automatic sealing. Upon final disposition—such as dismissal, acquittal, or completion of sentence—all juvenile records are sealed, restricting public access while still allowing limited access for specific legal or governmental purposes.

This special consideration reflects the state’s recognition of the unique needs of juveniles and the importance of giving young individuals a fresh start.

Why Does Clearing My Record Matter?

Clearing your record can significantly enhance your quality of life by removing barriers to opportunities and allowing for personal growth without the constraints of a past record.

At Jason Knight Law, we help individuals clear their records so they can move forward with confidence. As a former prosecutor and experienced criminal defense attorney, Jason understands the nuances of expungement laws and serves all of Rhode Island, including Providence, and Southeastern Massachusetts, covering Attleboro, Fall River, and Taunton. 

Take the First Step Today

Ready to move forward? Contact Jason Knight, a seasoned criminal defense attorney, to discuss your case and determine whether expungement or sealing is right for you. Don’t let your past define your future—schedule your consultation today.

Resources:

Rhode Island General Laws §31-27-2, link.

Rhode Island General Laws §31-27-2.1, link.

Rhode Island General Laws §12-1.3-4, link.

Rhode Island General Laws §12-1.3-4, link.

Your past shouldn’t define your future, yet for many, having a Rhode Island criminal record can feel like an anchor. A criminal record can surface during a background check, potentially derailing job opportunities, housing applications, or even professional licenses. Fortunately, understanding Rhode Island criminal records and how to expunge them is the first step to reclaiming your narrative.

Expungement in Rhode Island provides a path to remove specific criminal charges or convictions from public access. It’s not automatic and requires a careful legal process. The Law Office of Jason Knight focuses on navigating this complex process, ensuring you meet every legal requirement while offering compassionate, experienced guidance to help you achieve a fresh start. Call us, and let us help you down the path to a clean slate.

How to Expunge Your Record in Rhode Island: The Basics

Rhode Island law provides for three distinct types of expungement. Knowing how to expunge your record in Rhode Island can seem daunting, but breaking it down into manageable steps makes it more approachable.

Determine Eligibility

Not all offenses are eligible for expungement. Generally, non-violent misdemeanor convictions and certain felonies qualify, provided you meet specific criteria. Key factors include the nature of the offense, the time elapsed since your conviction, and your conduct since completing your sentence. A skilled attorney can review your case and help you determine if you are eligible.

Satisfy All Conditions

Before filing, you must have completed all of your sentence terms. This includes probation, community service, and paying any fines or restitution. Additionally, it’s crucial to gather proof that you’ve fulfilled these conditions, such as receipts for payments or letters confirming community service completion. 

File a Motion

You must file a motion to expunge Rhode Island criminal records with the appropriate court. This step involves legal paperwork and potentially attending a hearing to present your case. At the Law Office of Jason Knight, we handle expungement motions and hearings and can help ensure you complete everything correctly and promptly.

Demonstrate Good Conduct

Rhode Island courts assess whether you’ve maintained good behavior since your conviction. They also consider evidence of personal growth, such as community involvement or professional achievements, which can strengthen your case. Evidence of growth includes avoiding further legal trouble and contributing positively to your community.

Await the Decision

If the court grants your motion, it will expound your record. Expungement means it will no longer appear in public databases—a significant step toward building a brighter future. Depending on the court’s schedule and your case’s complexity, the decision process may take several weeks or months, so patience is essential.

The Role of Time and Patience in Expungement

Patience plays a pivotal role when pursuing expungement. Rhode Island’s laws require specific waiting periods before you can file a motion. The standard waiting period for misdemeanors is 5 years, while felonies often require 10. Staying out of legal trouble and fulfilling your sentence conditions are critical during this time.

Frequently Asked Questions About Expunging Rhode Island Criminal Records

What Crimes Can I Expunge?

In Rhode Island, non-violent misdemeanors and specific felony convictions are eligible for expungement. Examples include minor drug offenses, petty theft, or certain white-collar crimes. However, expungement typically excludes offenses such as murder, sexual assault, or other violent crimes. Additionally, eligibility may depend on the number of prior convictions and the time elapsed since completing your sentence. The Law Office of Jason Knight can provide detailed insights tailored to your circumstances.

Will an Expunged Record Ever Reappear?

Although courts seal expunged records from the public, they may still be accessible to law enforcement or during court proceedings.

Can You Expunge Multiple Offenses?

Rhode Island allows the expungement of multiple offenses in some circumstances, but it depends on the nature and number of convictions. Consulting with an attorney can help clarify your options.

What Happens If the Court Denies My Motion?

If a court denies your expungement motion, you may have the opportunity to refile it after addressing any deficiencies in your application or meeting additional criteria. Working with a skilled criminal attorney can help improve your chances for approval.

Does Expungement Restore Gun Ownership Rights?

In Rhode Island, expungement can restore firearm ownership rights in some instances, but the specifics depend on the nature of the conviction. For example, expunged non-violent offenses may allow individuals to regain these rights, while violent or firearm-related offenses often permanently restrict them. Consulting an experienced Rhode Island expungement attorney is crucial to understanding how the state’s laws apply to your case.

How Does Expungement Impact Job Applications?

Once a court expunges your record, it will not appear in most background checks. This can significantly improve your chances of securing employment, as you’re not legally obligated to disclose the expunged record in many situations.

Why Work with a Rhode Island Expungement Attorney?

Expungement is more than paperwork; it’s about navigating legal intricacies that can make or break your case. Working with a seasoned Rhode Island expungement attorney ensures you receive tailored advice and that your motion aligns with state law and court expectations.

Beyond their legal acumen, an attorney provides peace of mind. They anticipate potential hurdles, handle documentation, and represent you in court, giving you the best chance at success. With 17 years of experience and recognition in publications like the Boston Globe and Providence Journal, the Law Office of Jason Knight is ready to guide you through this life-changing process.

Act Now: Contact the Law Office of Jason Knight

If you’re ready to reclaim your future, don’t wait. The first step is scheduling a consultation with the Law Office of Jason Knight. With a free case review and a trial-tested approach, our team stands ready to fight for your rights.

We understand the weight of a criminal record and the freedom that comes with expungement. Let’s work together to lift that burden and create a path toward a brighter tomorrow. Contact us 24/7 to begin your journey toward a fresh start. Your future deserves nothing less.

The stakes couldn’t be higher when the federal government comes after you. You’re not just up against an accusation but against a system designed to win. So, what are federal crimes, and what makes them so serious? Federal crimes often involve actions that cross state lines, harm national interests, or violate federal laws. From drug trafficking to fraud, federal cases can feel like David versus Goliath—except the United States government backs Goliath.

Fortunately, you’re not powerless even when the odds seem stacked against you. With a skilled federal defense attorney by your side, you can fight back. With over 17 years of experience and hundreds of cases under our belts, the Law Office of Jason Knight provides tireless, trial-tested representation to safeguard your rights, freedom, and future. Contact us today and secure the dedicated and strategic defense you need to face federal charges head-on.

What Are Federal Crimes?

Federal authorities prosecute federal crimes under U.S. federal law instead of state law. What makes federal crimes unique is the nature of the offenses and the legal process surrounding them. Well-resourced agencies such as the FBI, DEA, or Secret Service often investigate federal crimes, and cases are tried in federal court under strict procedural rules.

Federal sentencing guidelines also differ significantly from those in state courts. While state courts often offer more discretion in sentencing, federal judges rely heavily on the United States Sentencing Guidelines, which provide structured recommendations based on the severity of the crime and the defendant’s criminal history. This often results in longer sentences, mandatory minimums, and fewer opportunities for alternative sentencing options like probation.

Because all types of federal crimes involve high stakes and life-altering penalties, working with a defense attorney who understands this complex system is critical. Attorney Jason Knight brings unparalleled experience and insight into federal cases, protecting your rights at every stage. 

What Are the Types of Federal Crimes?

The list of types of federal crimes is extensive. It would be impossible to list them all here, but examples include anti-trust, exploitation, commodities price fixing, counterfeiting, forgery, and hate crimes. Let’s take a closer look at the most common federal crimes.

What Are the Most Common Federal Crimes?

This list breaks down the six most common federal crimes and their penalties.

1. Drug Trafficking

Drug trafficking involves the production, distribution, or possession of controlled substances with intent to distribute. Federal agencies like the DEA treat these cases as high priorities. Sentences depend on the drug type and amount. For instance, trafficking 5 kilograms of cocaine can result in a minimum 10-year sentence under federal law. In addition to lengthy prison sentences, individuals convicted of trafficking may face asset forfeiture, mandatory minimum sentences, and stringent post-release supervision.

2. Fraud

Fraud encompasses crimes like mail fraud, wire fraud, and securities fraud. These offenses typically involve schemes to deceive others for financial gain. Convictions may lead to years in prison and hefty fines. Wire fraud, for example, can carry penalties of up to 20 years. Many federal fraud cases also result in restitution orders, requiring convicted individuals to repay stolen amounts.

3. Immigration Violations

Immigration-related offenses include illegal reentry, human smuggling, and visa fraud. These cases often involve heightened scrutiny and swift enforcement by federal agencies. Illegal reentry after deportation can result in a sentence of up to 20 years, depending on prior criminal history. In some instances, these crimes may also intersect with state charges, creating additional legal challenges.

4. Cybercrime

Cybercrimes include hacking, identity theft, and online fraud. These cases are increasingly common in today’s digital world. Unauthorized computer access can result in up to 10 years in prison, with harsher sentences for national security breaches. A conviction for cybercrime can also result in restrictions on internet access as a condition of probation.

5. Firearms Offenses

Firearms offenses range from illegal possession to using a weapon during a federal crime. Felon-in-possession charges can carry up to 10 years in prison, with harsher penalties for crimes involving violence. The use of a firearm during the commission of certain crimes can also add mandatory sentencing enhancements.

6. Tax Evasion

Tax evasion involves willfully avoiding federal tax payments. Convictions can result in up to 5 years in prison, fines of $250,000, or both. Beyond criminal penalties, tax evasion convictions may include civil fines and the forfeiture of property or assets.

The Law Office of Jason Knight Will Fight For You

When facing federal charges, the stakes demand more than experience—you need someone who truly understands the system. Jason Knight, a criminal defense attorney with 17 years of experience, including time as a Navy veteran and Rhode Island state prosecutor, uses his deep understanding of the law to anticipate the government’s strategy and craft an individualized defense for each client. Recognized by the Boston Globe and Providence Journal, Jason Knight has earned a reputation for his tireless dedication to his clients.

At the Law Office of Jason Knight, the emphasis isn’t just on legal representation, but on partnership. Our approach is thorough and methodical, ensuring we examine every piece of evidence and explore every avenue of defense. You’ll have a firm that offers emergency appointments 24/7, free case reviews, and a commitment to affordable, compassionate advocacy. With trial-tested strategies and unwavering dedication, Jason Knight will fight for your rights, protect your liberty, and help you reclaim your future.

Take Action Now to Protect Your Future

Your freedom is too important to leave to chance. Don’t let the weight of a federal charge crush you—whether you’re asking what is a federal crime or have been accused of one—take control by partnering with a defense attorney with the skills, experience, and determination to stand by your side. Call the Law Office of Jason Knight today to schedule your free case review and build a defense that puts you back in control.

Resources

18 U.S. Code §1348. Link

18 U.S. Code §1546. Link

8 U.S. Code §1324(a). Link 

18 U.S. Code §1030. Link

18 U.S. Code § 922. Link

26 U.S. Code § 7201. Link

Federal cases carry unique complexities and require specific expertise to navigate successfully. If you are facing a federal case in Rhode Island, turn to a seasoned former prosecutor who understands both sides of the legal system.

Understanding Federal Cases in Rhode Island

Federal cases in Rhode Island encompass a wide range of offenses that fall under federal jurisdiction. It’s crucial to have a comprehensive understanding of these cases to navigate the complex legal landscape effectively. Here, we delve into the specifics of federal cases, providing you with valuable insights:

Types of Federal Offenses

Federal offenses in Rhode Island can involve various criminal activities that violate federal laws. These may include:

White-Collar Crimes: Offenses such as fraud, embezzlement, insider trading, money laundering, and identity theft that involve deceit, dishonesty, or financial misconduct.

Drug Trafficking and Distribution: Cases involving the manufacture, distribution, possession, or trafficking of controlled substances which violate federal drug laws.

Firearms Offenses: Violations of federal firearm laws, including illegal possession, trafficking, or use of firearms during the commission of a federal crime.

Immigration Offenses: Cases related to immigration law violations, including illegal entry or reentry, visa fraud, human trafficking, or smuggling.

Cybercrimes: Offenses involving computer networks, data breaches, hacking, identity theft, or online fraud that are prosecuted under federal statutes.

Organized Crime: Cases involving organized criminal activities such as racketeering, money laundering, extortion, or involvement in criminal enterprises.

Terrorism: Federal cases dealing with acts of terrorism, terrorism financing, material support for terrorist organizations, or conspiracy to commit acts of terrorism.

Public Corruption: Cases involving public officials who engage in bribery, kickbacks, abuse of power, or other corrupt activities that undermine the integrity of government institutions.

Have you been accused of a federal crime? Call the Law Office of Jason Knight today at (401) 354-2255 or contact us online to schedule a consultation with our Rhode Island federal attorney.

What is the Federal Investigation and Prosecution Process?

Federal investigations and prosecutions differ significantly from their state counterparts. Understanding the process is essential to build a strong defense. Key aspects include:

Federal Law Enforcement Agencies: Federal cases are typically investigated by agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), or Immigration and Customs Enforcement (ICE).

Grand Jury Proceedings: Federal prosecutors often present their case before a grand jury to determine if there is enough evidence to proceed with charges.

Indictment or Information: If the grand jury issues an indictment, formal charges are brought against the defendant. In some cases, the government may proceed by filing information that does not involve a grand jury.

Pretrial Motions and Discovery: Both the defense and prosecution have an opportunity to file motions and engage in discovery, where evidence is exchanged and reviewed.

Plea Negotiations: Plea agreements may be negotiated between the defense and prosecution, potentially leading to reduced charges or sentencing in exchange for a guilty plea.

Trial and Sentencing: If the case proceeds to trial, the prosecution presents its evidence, and the defense presents its case. If convicted, the sentencing phase determines the punishment based on federal sentencing guidelines.

Federal Sentencing Guidelines

Federal sentencing guidelines provide a framework for judges to determine the appropriate sentence based on the severity of the offense and the defendant’s criminal history. Understanding these guidelines is crucial for developing a strategic defense:

Offense Level: Each federal offense is assigned a base offense level, which considers the seriousness of the crime and the potential harm caused.

Specific Offense Characteristics: Additional factors that may increase or decrease the offense level based on specific circumstances, such as the use of violence, the amount of loss involved, or the presence of firearms.

Criminal History Category: The defendant’s prior criminal record determines their criminal history category, which can impact the sentencing range.

Departures and Variances: In certain cases, departures from the sentencing guidelines or variances may be justified based on factors such as cooperation with law enforcement or substantial assistance in the investigation.

By having a comprehensive understanding of the specifics surrounding federal cases in Rhode Island, you can be better prepared to navigate the legal process and secure the best possible outcome for your defense.

Advantages of Hiring a Former Prosecutor for Your Federal Defense

Having a former prosecutor on your side when facing federal charges can be a game-changer. From insider knowledge of how prosecutions are built to the ability to anticipate the prosecution’s strategies, their expertise can make or break your case.

Defending federal cases requires a thorough understanding of constitutional rights and an unwavering commitment to protecting them. A skilled federal defense attorney can ensure your rights are safeguarded throughout the legal process.

Navigating federal cases in Rhode Island requires a deep understanding of the local legal landscape. Hiring a federal defense attorney familiar with Rhode Island’s federal courts, judges, prosecutors, and procedures can make a substantial difference in building an effective defense strategy.

Contact Our Rhode Island Federal Lawyer Today

If you find yourself entangled in a federal case in Rhode Island, don’t face it alone. With his extensive experience, strategic approach, and dedication to protecting your rights, Jason Knight is committed to providing you with a robust defense in federal court. Contact our federal lawyer in Rhode Island today to schedule a consultation and ensure the best possible outcome for your case.

Contact the Law Office of Jason Knight today to get started on your defense with our federal attorney in Rhode Island.

When people are charged with a crime and have a court date looming, they often rush to hire a criminal lawyer and hire the first criminal lawyer they meet. But, not every criminal lawyer is the same and people have made bad mistakes in not taking their time to hire the right criminal lawyer for them.

I’ve handled dozens of cases where the client came to me after hiring someone else and regretted the decision to hire the first lawyer. Switching lawyers in the middle of a case is something you want to avoid. So, when you have to hire a criminal lawyer follow these simple guidelines to make sure you get the right lawyer for the case and are satisfied with your choice.

Make sure they really practice criminal law.

You wouldn’t hire a divorce lawyer to handle a DUI and you wouldn’t hire a DUI lawyer to handle a divorce. Make sure that the lawyer you select has the experience and skill to handle criminal matters. The more criminal experience the lawyer has the better.

Additionally, if the client is not a citizen of the U.S., then it is doubly important to get someone who practices criminal law full time. Immigration law and criminal law are deeply intertwined and an inexperienced lawyer can easily make a mistake that sets the client up for negative immigration consequences.

Meet the lawyer face to face.

It’s easy to get caught up in the rush of trying to hire a criminal lawyer when you’ve just been charged but it’s really important to take the time and meet the person who will be handling your case. A good criminal lawyer should give you a realistic assessment of your situation, answer your questions in a straightforward and easy to understand way, and be interested in helping you get through the case with the best outcome possible. A criminal case can follow you around for years and have life altering repercussions. It’s important to meet the lawyer.

Don’t get soaked.

Price isn’t the most important thing with selecting a lawyer but it still is a reality. Most criminal lawyers will charge a flat fee for their work. That means they will charge one price to handle the whole case whether they go to court just a few times or follow the case through all the way to a trial.

Lawyers are subject to ethics rules about their fees. Basically, the fee has to be reasonable taking into consideration a number of factors including the difficulty of the case and the experience of the lawyer. Beware of the lawyer whose prices are too low or too high compared to the competition. A good lawyer will be upfront about their pricing and put it in writing.

The most important thing a person charged with a crime can do is hire a good criminal lawyer to handle their case. Decisions made in the early stages are just as important as the decisions made in the middle of a trial. An inexperienced lawyer can make decisions that seem correct at the time but can hurt a client down the road. By following the guidelines listed above you can hire the lawyer that is right for you and your case with confidence.

Jason Knight is a Rhode Island and Massachusetts criminal lawyer. He practices criminal law exclusively and is in court every day helping his clients working to deliver excellent results. He practices in both state and federal courts and handles all types of criminal case from DUI’s and domestic violence charges up to serious drug felonies and capital cases.