What’s the Difference Between Getting Your Record Expunged vs. Sealed?
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.