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Rhode Island: Adult Factual Innocence (RI-FI-1)
Records relating to a wrongful arrest or an arrest resulting from mistaken identity for which no charges were filed, will be sealed and destroyed by the law enforcement agency within 60 days of the determination that the arrest was wrongful or without probable cause. R.I. Gen. Laws § 12-1-12.2(b).
Record Detail(s)
Unlawful or mistaken arrest or charge
Identity theft
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Automatic
Remedy
Delete
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The procedure is automatic. For the specific procedure, see R.I. Gen. Laws § 12-1-12.2.
Fees
There is no statutory language regarding fees.
Effect
The person may deny that the arrest ever occurred and need not disclose the arrest for any purpose including, but not limited to, any application for employment or professional license. R.I. Gen. Laws § 12-1-12.2(f).
Waiting Periods
The non-court record is to be destroyed within 60 days of determination that the arrest was wrongful or without probable cause. The person must petition the court to seal the court records, see R.I. Gen. Laws § 12-1-12.1.
