Tag: Rhode Island expungement law

Rhode Island Supreme Court Issues Guidance Regarding Newly Implemented Expungement Law February 3, 2023 The Rhode Island Supreme Court has issued guidance on expunging marijuana records in compliance with a legalization law enacted in 2022. The State Supreme Court Chief Justice issued an executive order that states the procedures and policies for determining which records qualify for expunging. For example, they will investigate specific violations for misdemeanor and felony-level cases. In addition to these policies are the clarifications when processing and expunging the records. In the legalization law, the provisions for expungement considered the negative effect of criminal or civil records on individuals. For example, the Chief Justice acknowledged that non-violent and low-level offenses for possessing marijuana had significantly negative impacts on lives. With the help of the Traffic Tribunal, the Superior and District Courts will determine which cases qualify for expungement. They will also handle the sealing process. As such, individuals looking for expungement must file a request to the three agencies. They may submit the request in person or through email to each agency's Clerk's Office. According to the state, these expungements should affect approximately 27,000 individuals with convictions involving only marijuana possession. Furthermore, it will affect thousands of people with a cannabis conviction on their criminal records. In addition to the guidance and executive orders, the Chief Justice clarified when to have orders entered for expungement. When the Superior and District Courts decide whether to expunge a criminal record, it and any references to it will become unavailable for public view. Courts must submit cases to the Attorney General's office for review before they can expunge the petitioned convictions. However, civil expungement actions must go to the Rhode Island Division of Motor Vehicles for consideration before receiving expungement. The courts must expunge convictions for solely marijuana possession within three months of identifying the offense. Otherwise, other marijuana-related cases can expect expungements before July 1, 2024. However, individuals can submit requests for expedited expungements to the court. By doing this, they can waive the fees and expect expungements processed within five business days upon approval. With thousands of Rhode Island residents expecting to have their records expunged, employers must take care not to include these sealed records when making employment decisions. The best way to perform background screenings while complying with all relevant laws is to partner with a background check company you can trust. Pre-employ makes background checks easy and reliable. Speak with a sales representative today. Source

Tag: Rhode Island expungement law

Rhode Island Supreme Court Issues Guidance Regarding Newly Implemented Expungement Law

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