Rhode Island Petty Misdemeanors

Pursuant to Rhode Island General Laws (R.I. Gen. Laws) § 11-1-2, criminal offenses may be classified as a felony, “regular” misdemeanor, petty misdemeanor, or violation. Felonies are considered the most serious types of criminal offense and are subject to the steepest penalties. Meanwhile, misdemeanors (“regular” and petty) are less serious than felonies but more serious than violations in terms of legal penalties.

The lowest classification of misdemeanors in Rhode Island is petty misdemeanors. They are punishable with a maximum of six (6) months in prison, a fine of up to $500, or both. Depending on the type of offense, a petty misdemeanor may also be subject to additional penalties, such as driver’s license suspension, community service, and specific diversion programs. Generally, most cases involving petty misdemeanors fall under the jurisdiction of the District Court. Individuals seeking information about these cases may review Rhode Island criminal court records to find the case records.

Common Examples of Petty Misdemeanors in Rhode Island

The following are some examples of criminal records that may be considered petty misdemeanors in Rhode Island:

• Disorderly conduct (R.I. Gen. Laws § 11-45-1): This involves intentionally or recklessly engaging in any of the following;
  • Fighting or threatening individual(s)
  • Behaving violently or tumultuously
  • Causing disturbance in a public place or a private residence (that they have no right to occupy) by making loud or unreasonable noise
  • Directing offensive words at an individual in a public place in a manner likely to provoke a violent response.
  • Obstructing public passages, such as highways, roads, streets, sidewalks, building entrances, railways, waterways, etc.
  • Personal conduct that obstructs or interferes with a lawful procession, meeting, or gathering.
  • Entering another person’s property for lascivious purposes.
  • Looking into private areas where occupants have a reasonable expectation of privacy for lascivious purposes. These areas include, but are not limited to, locker rooms, restrooms, showers, dressing rooms, and bedrooms.
• Impersonation of a public utility company employee (R.I. Gen. Laws § 11-14-6): This involves pretending to be an employee of a public utility company or an unregulated power producer in order to attempt to or gain access to any residence or business.
• Use, sale, or possession of any substance that releases intoxicating vapours (R.I. Gen. Laws § 11-48-2)
• Willful trespass of a school building (R.I. Gen. Laws § 11-44-26.1)
• Possession of an alcoholic beverage by an underage person (i.e., individuals under the age of 21 years), per R.I. Gen. Laws § 3-8-10: This offense may be classified as either a “regular” misdemeanor or a petty misdemeanor, depending on the fine amount the court imposes. Third and subsequent offenses are subject to a minimum fine of $450 and a maximum of $950. Thus, they are more likely to be classified as a “regular” misdemeanor. Conversely, first and second offenses have a lower minimum fine requirement ($150 and $300, respectively), making the possibility of a petty misdemeanor classification more probable.

Statute of Limitations for Petty Misdemeanors in Rhode Island

In Rhode Island, the Statute of limitations for petty misdemeanors and other criminal offenses is established under R.I. Gen. Laws § 12-12-17. According to the law, most petty misdemeanors have a three (3) years statute of limitations, unless a specific state statute provides otherwise. In other words, prosecutors typically have three years from the date the offense occurred to file charges for most petty misdemeanors.

Legal Penalties for Petty Misdemeanors

Per R.I. Gen. Laws § 11-1-2, the maximum penalties for a petty misdemeanor are a maximum fine of $500, up to six (6) months imprisonment, or both. Notwithstanding, a court may impose additional legal penalties for a petty misdemeanor as prescribed by state laws. For example, R.I. Gen. Laws § 3-8-10 imposes up to 30 hours of community service and a minimum 60-day license suspension for underage possession of alcohol.

It is worth noting that, in lieu of traditional sentencing, like imprisonment, a court may issue alternative sentencing, depending on the severity of the offense. A good example is Probation, which enables individuals to serve a portion or the entirety of their sentence outside of confinement, provided they comply with all prescribed rules and conditions during their probationary period. Generally, an individual may be sentenced to probation only, probation and a suspended sentence, or a split sentence (i.e., probation on release).

Individuals with a petty misdemeanor on their criminal record may also face some long-term effects in various areas of their lives. For instance, individuals with a conviction for a petty misdemeanor of disorderly conduct are prohibited from possessing firearms pursuant to R.I. Gen. Laws § 11-47-5. They may also face difficulty securing housing and job opportunities.

Court Process for Petty Misdemeanors

The prosecution of a petty misdemeanor in Rhode Island usually involves the following processes:

• Arrest: This entails a law enforcement agency apprehending and taking an individual into custody.
• Processing: This involves law enforcement agencies collecting and documenting an individual's personal information, photograph, and fingerprints while they are in custody, after an arrest.
• Detainment or release: Depending on the type and severity of the charge, the arresting agency may either detain the arrestee until arraignment or release them with a summons to appear in court at a later date
• Arraignment: During an arraignment hearing, the charges against the arrestee, also known as the defendant, are formally read to them, and they are given the opportunity to enter a plea.
• Bail decision: This is when a judge or bail commissioner reviews the facts of a case to determine whether an individual should be released on bail pending their trial.
• Pre-trial conference: This process involves the defense and prosecution discussing the case and negotiations for a plea bargain.
• Trial: This is a formal process in which facts about a case are presented to a judge or jury, who then decides whether a defendant is guilty of the charges levied against them.
• Sentencing hearing and verdict: During the sentencing hearing, both the defense and prosecution may present their arguments regarding the sentence they believe is appropriate for the charges. Thereafter, the judge will issue a verdict.

How Petty Misdemeanors Affect Your Criminal Record

Petty misdemeanor convictions are usually featured on an offender’s criminal record in Rhode Island. As a result, these convictions typically appear in background check results and may impact different aspects of an individual’s life. For instance, most employers run background checks to screen potential employees during their hiring process. Generally, the discovery of petty misdemeanors, particularly those left undisclosed or related to the open position, may hurt one's chances of securing a job. Similarly, landlords may also run background checks to screen potential tenants.

A petty misdemeanor conviction for disorderly conduct may also result in the loss of an individual’s right to purchase, own, transport, or possess firearms in Rhode Island per R.I. Gen. Laws § 11-47-5. One way individuals may mitigate some of the negative impacts of having petty misdemeanor convictions on their criminal record is to get the record expunged. However, only certain types of records are eligible for expungement under Rhode Island laws.

Differences Between Petty Misdemeanors and Other Offenses

Petty misdemeanors are the lowest form of misdemeanors in Rhode Island. Generally, there are two classifications of misdemeanors: “regular” misdemeanors and petty misdemeanors. These classifications vary in offense severity and the penalties they carry. According to R.I. Gen. Laws § 11-1-2, “regular” misdemeanors are punishable with a maximum of one year imprisonment, up to $1,000 fine, or both. Meanwhile, petty misdemeanors carry a punishment of up to six (6) months in jail, a maximum fine of $500, or both.

In the overall hierarchy of offenses, misdemeanors are lower than felonies but higher than violations in terms of offense severity and associated penalties. Felonies are subject to the most severe penalties (i.e., more than one year imprisonment and a fine of more than $1,000), while violations carry the least penalties (i.e., only a maximum fine of $500).

How to Check for Petty Misdemeanors in Court Records

In Rhode Island, the most convenient way to look up court records of a petty misdemeanor case is online through the Rhode Island Judiciary Public Portal. Users can search for court records on the portal by case number or a case party’s name. The search result typically returns the register of action or docket sheets of relevant cases, which list the parties involved, case event details, document filings, and other notable activities.

Alternatively, computer terminals are available in most court clerks’ offices, allowing interested individuals to search for court records electronically onsite. To use these terminals, record seekers must visit a court clerk’s office during regular business hours. Note that sealed and confidential documents and cases are inaccessible through the Rhode Island Judiciary Public Portal and computer terminals provided in court clerks’ offices. Such records are typically only released to eligible individuals and entities, including case parties, their attorneys, and state or federal agencies.

Can a Petty Misdemeanor Be Expunged or Sealed in Rhode Island?

In Rhode Island, only cases that result in probation or conviction may be expunged. Meanwhile, cases that resulted in dismissal, no true bill, or a not guilty verdict are eligible for sealing. The difference between getting a record sealed vs expunged is that once sealed, a record becomes inaccessible to the public but is still made available to government agencies. On the other hand, expunged records are not available to the public and government entities.

According to R.I. Gen. Laws chapter 12-1.3, a petty misdemeanor conviction may be eligible for expungement if:

• It is a first-time offense. In other words, the offender has not been convicted or received probation for any other misdemeanor or felony.
• The offender has been convicted for more than one but fewer than six (6) misdemeanors, but no felony.

Getting a record expunged may help mitigate some of the negative impacts of having a record. This may improve an individual's chances of securing a job or housing opportunities. The table below contains noteworthy facts about the petty misdemeanors that may be eligible for expungement in Rhode Island.