Felonies, Misdemeanors, and Infractions in Rhode Island

Under the Rhode Island penal system, there are four categories of crimes: felonies, misdemeanors, petty misdemeanors, or violations. In Rhode Island, the criminal justice system imposes fines, imprisonment, or both based on the severity of the offense; each offense has a specific range of penalties depending on their impacts on the 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.

What is a felony in Rhode Island?

In Rhode Island, the penal system recognizes a felony as any criminal offense that attracts a fine of more than $1,000.00 or imprisonment of more than a year. Unlike most U.S. states, Rhode Island does not have different classes for felonies. Nonetheless, there are general categories of offenses; these include:

• Minor Offenses (internal violations)
• Moderate Offenses (endangering others)
• Major Offenses (severe breaches)
• Strategic Breaches (external relation violations).

What are some examples of felonies in Rhode Island?

In Rhode Island, felonies are severe criminal offenses that attract significant penalties. These offenses may incur fines, imprisonment, and jail terms. Under the Rhode Island penal system, the following are categories of crimes in Rhode Island:

Violent Crimes

• Murder
• Manslaughter 
• Assault with a Deadly Weapon
• Robbery

Property Crimes

• Burglary 
• Arson
• Grand Larceny

Drug-Related Offenses

• Drug trafficking 
• Possession with intent to distribute

Sex Crimes

• Sexual Assault
• Statutory Rape

Firearms and Weapon Law Violations 

• Concealed Carry Without a Permit
• Unlawful Possession of a Firearm

White-Collar Crimes

• Embezzlement 
• Fraud

DUI and perjury are also felony crimes in Rhode Island.

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

Yes, record owners can remove felony convictions from their Rhode Island criminal court record. Depending on the number of previous convictions, a non-violent felony conviction may be eligible for expungement under Rhode Island laws. Per R.I. Gen. Laws § 12-1.3-2, first offenders may petition the courts to expunge their felony convictions if they fulfill all the court-imposed conditions during the sentencing. 

Generally, there is a 10-year waiting period for expunging a felony record in Rhodes Island. In Rhodes 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 must give a 10-day notice to the Office of the Attorney General and the police department responsible for the case. In addition, applicants must 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 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 (usually, 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, expungement is not the same as sealing court records within Rhode Island. Although Rhode Island allows for expungement and sealing of records, they are two different processes. 

Expungement removes criminal information from records; the criminal conviction is treated as if it never existed, and the individual has a clean slate. These records and their information are inaccessible to law enforcement or any other entity. In Rhodes Island, expungement applies to misdemeanors and non-violent felonies. 

On the other hand, sealing conviction records in Rhode Island makes the information inaccessible to the public. 

Sealed conviction records are accessible to law enforcement, authorized entities, and individuals with judicial orders. Under Rhode Island laws, dismissals, acquittals, no true bill, and non-conviction records are eligible for sealing. 

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

In Rhode Island, a felony may stay on a record indefinitely. However, record owners can petition the court to expunge the felony conviction ten years after completing the punishment for the offense (including probation). If the petition is successful, the court will seal the felony records.

Note that, unlike expungeable misdemeanors, Rhode Island seals felony records but does not destroy them. 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, in addition to fines, they may also attract prison terms. Also, in contrast to felonies, misdemeanors may have less severe long-term impacts.

What are some examples of Misdemeanors in Rhode Island?

There are two categories of misdemeanors in Rhodes Island, and the list below gives examples of each:

Misdemeanors 

• Simple Assault 
• Petty Larceny (stealing properties not worth more than $1,500.00)
• Cyberbullying 
• Joy riding or taking someone else's vehicle without their permission 
• Hazing 

Petty Misdemeanors 

• Huffing 
• Disorderly Conducts 
• Trespassing within school properties 
• Impersonating to gain access to a residence or business 
• Possession of a small amount of marijuana 
• Consumption of alcohol by a minor.

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

Yes, a misdemeanor conviction is expungeable in Rhodes Island. Per Title 13, Chapter 1.3 - 2 of the Rhode Island General Laws, an individual can remove a misdemeanor conviction from a record if:

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

Also, Rhode Island laws allow the expungement of up to five misdemeanor records if the owner of the records does not have a felony conviction.

Can a DUI Be Expunged in Rhode Island?

Yes, a DUI is expunged in Rhode Island if there is an acquittal or dismissal of the charges and there are no new felony convictions. Also, to petition for expunging of DUIs in Rhodes Island, the applicant must:

• Observe a 5-year waiting period from the date of completing the punishment for the offense
• Have no other felony or misdemeanor conviction 
• Demonstrate good moral character, make all applicable payments, and fulfill all court-imposed conditions.

What constitutes an Infraction in Rhode Island?

In Rhodes Island, infractions (violations) are non-criminal offenses punishable by fines not more than $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 
• Public intoxication
• Illegal U-turn
• Littering 
• Failure to yield 
• Trespassing 
• Running a red light or stop sign 
• Illegal parking 
• Minor drug possession.

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

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