Felonies, Misdemeanors, and Infractions in Rhode Island

In Rhode Island, the criminal justice system categorizes offenses as felonies, misdemeanors, petty misdemeanors, and violations. The state’s penal system imposes fines, imprisonment, or both, based on the severity of the offense. Each offense has a specific range of penalties, depending on its impact on victims and society. Felony crimes attract the harshest punishments, ranging from life imprisonment for first-degree murder to lengthy jail terms for robbery, aggravated assault, and kidnapping. Alongside record categories, Rhode Island statutes of limitations set the deadlines for filing criminal charges in the state.

What is a felony in Rhode Island?

In Rhode Island, the penal system defines a felony as any criminal offense that carries a fine of more than $1,000.00 or a term of imprisonment exceeding one year (unless a specific statute states otherwise). Rhode Island does not have a felony classification in its criminal code, unlike most US states; instead, each offense carries its own penalty set in statute. The different levels of crime in Rhode Island are statutorily defined as felony, misdemeanor, petty misdemeanor, and violation, in R.I. Gen. Laws § 11-1-2.

Note: The Department of Corrections utilizes an internal disciplinary scale (Class 1-4) for inmate discipline. This classification is administrative and different from how crimes are classified under state law.

What are some examples of felonies in Rhode Island?

In Rhode Island, felonies are severe criminal offenses that attract significant penalties. These offenses may result in fines, imprisonment, or jail terms.

Some examples of crimes typically classified as felonies (or that may escalate to felony level) include the following:

• Murder
• Manslaughter
• Assault with a Deadly Weapon
• Robbery
• Burglary
• Arson
• Grand Larceny
• Drug trafficking
• Possession with intent to distribute
• Sexual Assault
• Statutory Rape
• Firearms and Weapon Law Violations
• Concealed Carry Without a Permit
• Unlawful Possession of a Firearm
• Embezzlement
• Fraud
• DUI
• Perjury

Can I get a Felony Removed from a Court Record in Rhode Island?

First-time offenders may petition the courts for the removal of their Rhode Island criminal court record. Per R.I. Gen. Laws § 12-1.3-2, first offenders may petition the courts to expunge their non-violent felony convictions if they fulfill all the court-imposed conditions during sentencing. Such requirements include paying all outstanding court-imposed monetary obligations (fines, fees, costs, assessments, restitution, etc.). Individuals convicted of violent crimes are not eligible for expungement.

Generally, there is a 10-year waiting period for expunging a felony record in Rhode Island. In Rhode Island, if a court expunges a felony record, the information becomes inaccessible to the public. Rhode Island laws require eligible record owners to file petitions at the courts that handle convictions. Also, petitioners are expected to provide a 10-day notice to the Office of the Attorney General and the police department responsible for the case. In addition, applicants are expected to fulfill all court-imposed financial obligations (this includes fines, fees, restitutions, and assessments) unless there are waivers.

The following procedures outline the process of expunging a felony conviction from a court record in Rhode Island:

• Download a District Court - Motion to Expunge or Seal Record and Affidavit or Superior Court - Motion to Expunge or Seal Record and Affidavit - Felony (these forms also contain the Affidavit in Support Form)
• Complete the expungement and affidavit in support forms and submit them to the clerk's office of the court that handled the felony case. The court clerk will fill in a hearing date for the petition (typically, this takes about ten days from the date of filing the motion)
• Serve notice of the petition to the Rhode Island Attorney General's Office and the police department responsible for the felony charge within ten days of filing the motion.
• Attend the court hearing relating to the petition to provide answers to questions.
• If the court grants the petition, fulfill all the financial obligations imposed by the court (unless there are waivers). After fulfilling the requirements for the expungement, the court clerk will prepare three certified copies of the court order and issue each to the Office of the Attorney General’s Bureau of Criminal Identification Unit (BCI), the police department, and the petitioner.
• Accept the copies of the court order from the clerk, keep one as evidence, and deliver the rest to the BCI and the police department.

Is expungement the same as sealing court records in Rhode Island?

No. Rhode Island law handles expungement and sealing as connected but distinct processes.

Expungement

• Expungement (R.I. Gen. Laws § 12-1.3-1 et seq.) in Rhode Island refers to the sealing and removal of conviction records from active files. This means that the records are inaccessible to the general public and many agencies. However, the court may still refer to the expunged files when carrying out a new sentencing.
• In Rhode Island, expungement is only available to first-time offenders and does not apply to violent crimes.
• Individuals seeking the expungement of eligible criminal records are expected to undergo a ten-year waiting period (after sentence completion) for a felony conviction. In contrast, the waiting period for misdemeanor convictions is five years.
• After a court grants an expungement, the records are sealed from public inspection. This allows the subject of such records to claim that the crime never happened.

Sealing (R.I. Gen. Laws § 12-1-12.1)

• The sealing process applies to non-conviction records, such as dismissals, acquittals, 'no true bills,' or 'no information.'
• Under Rule 48 (a), dismissals (after Jan 1, 2023) are automatically sealed within 10–20 days.
• For acquittals or older dismissals, petitioners are expected to file a motion to seal, accompanied by notice to the Attorney General and the relevant law enforcement agency.
• Upon approval, records are sealed from public view. However, law enforcement is typically still able to access such documents or individuals with a judicial order.

How Long Does a Felony Stay on Your Record in Rhode Island?

In Rhode Island, a felony may stay on a record indefinitely. However, first-time offenders with non-violent felony convictions (crimes of violence are ineligible) may petition the court to expunge their criminal convictions ten years after completing the punishment for the offense (including probation). If the petition is successful, the court will seal the felony records.

Unlike expungeable misdemeanors, felony records are sealed and removed from active files (hidden from public view) but not destroyed. The aim of sealing felony convictions is to negate their impacts on employment, housing, and other life opportunities.

What is a Misdemeanor in Rhode Island?

Misdemeanors are crimes that are less serious than felonies. According to Rhode Island General Law Title 13, Chapter 1.3 - 2, there are two categories of misdemeanors. These are:

• Misdemeanors
• Petty-misdemeanors.

A misdemeanor is any criminal act punishable by imprisonment for not more than one year or a fine of not more than $1,000.00, or both. Petty misdemeanors refer to crimes that attract prison terms of not more than six months or fines not exceeding $500.00.

Misdemeanors are less serious crimes than felonies. However, unlike violations, which may also attract fines, they may also result in prison terms. Additionally, in contrast to felonies, misdemeanors often have less severe long-term consequences.

What are some examples of Misdemeanors in Rhode Island?

Some common examples of misdemeanors in the two categories of misdemeanors in Rhode Island are as follows:

Misdemeanor

• Simple Assault
• Petty Larceny/Shoplifting (low-value theft)
• Malicious Injury to Property/Vandalism
• Driving Under the Influence (DUI – first offense, without aggravating factors)
• Trespassing
• Possession of a small amount of controlled substance (e.g. marijuana over threshold but not trafficking)
• Hazing
• Joyriding (taking another’s vehicle without consent, no intent to permanently deprive)

Petty Misdemeanor

• Disorderly Conduct
• Huffing / Inhalant abuse
• Trespassing on school property
• Impersonating a utility worker (or similar) to gain access
• Possession of very small amounts of marijuana (under the decriminalized threshold may be a civil violation; slightly higher amounts may fall under a petty misdemeanor.
• Consumption or possession of alcohol by a minor

Can I Get a Misdemeanor Removed from a Record in Rhode Island?

Yes, a misdemeanor conviction is expungeable in Rhode Island. Per Title 13, Chapter 1.3 - 2 of the Rhode Island General Laws, an individual may petition for the removal of a misdemeanor conviction if:

• It is for a first-time offense
• The individual observes the mandatory 5-year waiting period
• The record owner pays all fees, fines, and charges or meets any court-imposed monetary obligations.

Additionally, Rhode Island laws permit the expungement of up to five misdemeanor records if the individual has no felony convictions.

Note: Rhode Island law permits the sealing and removal of active files from public view, not literal physical destruction in all cases.

Can a DUI Be Expunged in Rhode Island?

DUI offenders whose cases were dismissed or acquitted may have their records sealed (removed from public view). Under District Court Rule 48 (a), dismissals are automatically sealed by law. At the same time, other non-conviction outcomes (acquittal, no true bill, no information) are expected to be sealed by a motion.

First-time offenders with one DUI conviction may petition to expunge the records five years after completing the sentence. However, they are expected to fulfill the statute's criteria (no prior convictions or probation, no pending case, all court-imposed monetary obligations paid, and the court finds good moral character and no arrests/convictions in the preceding 5 years). The first-offender provision does expressly mention DUI for exclusion; the criteria are for "crimes of violence", and DUI does not belong to the category.

Rhode Island's special "2-to-5 misdemeanors" expungement path excludes convictions for DUI and refusal to submit to a chemical test. Individuals with such DUI convictions are ineligible under this multiple-misdemeanor section.

For additional information on the filing process, notice to the Attorney General and police, and timing, interested parties may review the Rhode Island Judiciary expungement page and forms.

What constitutes an Infraction in Rhode Island?

In Rhode Island, infractions (also known as violations) are non-criminal offenses punishable by fines not exceeding $500.00. Unlike felonies and some misdemeanors, infraction offenses do not result in incarceration; the court may impose fines, mandatory community services, or attendance at driving school (if the offense is traffic-related).

What are some examples of Infractions in Rhode Island?

Under Rhode Island laws, the following offenses are infractions (violations):

• Driving without a seatbelt
• Jaywalking
• Noise violations
• Speeding
• Illegal U-turn
• Littering
• Failure to yield
• Trespassing
• Running a red light or stop sign
• Illegal parking

Can Infractions be Expunged from a Rhode Island Criminal Court Record?

No, infractions do not qualify for expungement from criminal court records. In Rhode Island, expungements are typically available for non-violent felonies and certain misdemeanors. R.I. Gen. Laws § 12-1.3-2 did not include infractions among the list of expungeable crimes.