A criminal conviction can continue to affect a person's life long after they have completed their sentence. A criminal record may create challenges when looking for employment, securing housing, pursuing professional opportunities, or simply trying to move forward from mistakes made years ago.
Rhode Island's expungement laws have changed over the years to provide more people with an opportunity to move beyond certain criminal convictions. In 2018, Rhode Island expanded expungement eligibility to allow individuals with certain multiple misdemeanor convictions to seek relief. Now, a new change to Rhode Island law provides a potential pathway for certain individuals with multiple felony convictions to pursue expungement as well.
Under the new law, eligible individuals with more than one but fewer than five felony convictions may file a motion seeking expungement of those convictions. However, this does not mean that every person with multiple felony convictions will qualify. There are important restrictions regarding the types of convictions that can be expunged, the amount of time that must pass, and the individual's criminal history and rehabilitation.
Understanding these changes can help Rhode Island residents determine whether they may have an opportunity to seek expungement.
What Changed Under Rhode Island's Expungement Law?
Rhode Island's previous expungement framework generally required a person seeking to expunge a felony conviction to qualify as a "first offender." That meant having no prior conviction or probation for a felony or misdemeanor, among other requirements.
Hart Law previously discussed these requirements in its article on Rhode Island expungement laws. At that time, a person who had been convicted of or placed on probation for more than one offense generally could not qualify under the first-offender provision.
The law has since evolved.
In 2018, Rhode Island created a process allowing individuals with certain multiple misdemeanor convictions to seek expungement. Hart Law discussed that change in its article, Can I Expunge Multiple Misdemeanor Criminal Convictions in Rhode Island?.
The latest change takes another step forward by creating a pathway for certain individuals with multiple felony convictions.
Under the new provision, a person who has been convicted of more than one felony but fewer than five felonies may file a motion seeking expungement of eligible felony convictions.
This is an important change for Rhode Islanders who previously may not have been eligible to seek expungement simply because they had multiple felony convictions.
Can Multiple Felony Convictions Now Be Expunged in Rhode Island?
Potentially, yes.
The new law allows an individual with two, three, or four qualifying felony convictions to file a motion asking the court to expunge some or all of those eligible convictions.
However, filing a motion does not mean the convictions will automatically be expunged.
There are several requirements that must be met, and the court ultimately determines whether expungement should be granted. The specific offenses on a person's criminal record are particularly important because certain convictions remain ineligible.
The new law excludes crimes of violence and other prohibited offenses from the multiple-felony expungement provision. It also excludes certain other offenses under Rhode Island law.
Because of these restrictions, someone should not assume they qualify simply because they have fewer than five felony convictions.
An attorney can review the specific convictions and circumstances of a person's record to determine whether the new law may provide an opportunity for expungement.
How Long Do You Have to Wait to Expunge Multiple Felonies?
The waiting period is another important part of Rhode Island's new law.
For individuals seeking expungement under the multiple-felony provision, the law requires a 15-year waiting period following completion of the person's last sentence.
This is different from the general waiting period applicable to an eligible single felony conviction. For multiple felony convictions, the 15-year period is particularly important.
For example, someone may have completed one felony sentence many years ago but completed a later felony sentence more recently. In that situation, the relevant waiting period may be calculated from completion of the later sentence.
Determining when the waiting period begins and whether it has expired can require a careful review of the individual's criminal record and sentencing history.
What Felony Convictions Are Not Eligible?
The new law does not make every felony conviction eligible for expungement.
Crimes of violence remain excluded, along with other prohibited offenses identified under Rhode Island law. The statute also identifies specific offenses that cannot be expunged under the new multiple-felony provision.
This distinction is important because a person's eligibility depends not only on the number of convictions but also on what those convictions were for.
For example, someone with two felony convictions may potentially qualify if both convictions fall within the categories eligible for expungement. Another person with the same number of convictions may not qualify if one or more of the convictions is specifically excluded.
The best way to determine whether a particular conviction is eligible is to review the actual criminal record and applicable Rhode Island law.
What About Multiple Misdemeanor Convictions?
The expansion of felony expungement follows an earlier change to Rhode Island's law involving multiple misdemeanor convictions.
As discussed in Hart Law's article on expunging multiple misdemeanor convictions, Rhode Island previously limited expungement primarily to first offenders. The law was later changed to allow certain individuals with multiple misdemeanor convictions to pursue expungement.
The current law similarly creates a pathway for certain people with multiple felony convictions.
That history is important because it demonstrates that Rhode Island's expungement laws have continued to evolve. Eligibility depends on the specific type of offense, the individual's criminal history, and the requirements in effect when the petition is filed.
What Other Requirements Apply?
Meeting the number-of-convictions and waiting-period requirements is only part of the process.
Rhode Island's expungement process also considers a person's conduct and rehabilitation following the conviction. The court may consider whether the individual has demonstrated good character and rehabilitation and whether granting the expungement is consistent with the public interest.
The law also maintains requirements concerning subsequent criminal activity, pending criminal proceedings, and financial obligations to the court.
This means that a person who qualifies to file a petition still needs to demonstrate that expungement is appropriate under the circumstances.
Expungement Is Not Automatic
One of the most important things to understand about the new law is that eligibility to file a petition is not a guarantee that the petition will be granted.
A judge reviews the petition and determines whether the legal requirements have been satisfied. The court also considers rehabilitation and whether granting the expungement is consistent with the public interest.
The process therefore involves more than simply submitting paperwork.
The petition must be prepared correctly, the applicable notice requirements must be followed, and the petitioner should be prepared to address the circumstances of their criminal history and rehabilitation.
For someone who has spent many years rebuilding their life after a conviction, presenting that history clearly can be an important part of the process.
How Can Expungement Help?
A criminal record can continue to create obstacles years after a person has completed their sentence.
Depending on the circumstances, an old conviction may affect employment opportunities, housing applications, education, professional licensing, and other areas of life.
Expungement can provide an opportunity for an eligible person to move forward without having a qualifying conviction remain publicly available in the same way.
For individuals who have demonstrated rehabilitation over many years, the ability to seek expungement can be particularly significant.
Do You Qualify for Multiple-Felony Expungement in Rhode Island?
If you have multiple felony convictions on your record, the 2026 changes to Rhode Island's expungement law may provide an opportunity that was previously unavailable.
Generally, someone seeking relief under the new multiple-felony provision will need to consider:
- Whether they have more than one but fewer than five felony convictions.
- Whether the convictions are eligible offenses under Rhode Island law.
- Whether the applicable waiting period has passed.
- Whether they have avoided subsequent criminal convictions or other disqualifying conduct during the relevant period.
- Whether they have any pending criminal proceedings.
- Whether applicable court fees, fines, costs, or other financial obligations have been satisfied or otherwise addressed as permitted by law.
- Whether they can demonstrate good character and rehabilitation.
- Whether the court determines that expungement is consistent with the public interest.
These requirements make every expungement case different.
A person with multiple felony convictions should have their individual record reviewed rather than relying solely on the number of convictions or the date of the last sentence.
What Should You Do If You Think You Qualify?
The first step is to determine exactly what appears on your criminal record.
This includes identifying each conviction, the offense involved, the date of conviction, the sentence imposed, and the date the sentence was completed. It is also important to determine whether there have been any subsequent arrests, convictions, or pending proceedings that could affect eligibility.
From there, an attorney can review whether the convictions fall within the categories eligible for expungement under Rhode Island's current law.
This can be especially important when a criminal record includes convictions from different years or courts. A careful review can help identify which convictions may be eligible and whether the applicable waiting period has passed.
Talk to a Rhode Island Criminal Defense Attorney About Expungement
Rhode Island's expanded expungement law represents an important change for individuals with multiple felony convictions. For eligible individuals with two, three, or four qualifying felony convictions, the law may provide a new opportunity to ask the court to clear those records.
However, expungement is not automatic, and not every felony conviction qualifies. The type of offense, the individual's criminal history, the applicable waiting period, and evidence of rehabilitation can all affect whether a petition can be successful.
If you have a criminal record in Rhode Island and are wondering whether the recent changes to the expungement law may apply to you, the Law Office of Steven J. Hart can review your circumstances and help you understand your legal options.
Contact Us to schedule a consultation and discuss whether you may qualify for expungement under Rhode Island's current law.