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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Question Expungement In Rhode Island

    First time poster with a predicament stemming from a 2001 felony in which a plea of no contest was entered. Keep in mind the following: This is Rhode Island.

    The offense was possession of marijuana with intent to deliver, the arrest took place in May 2001. I was advised by counsel at the time that since it was a first offense, I could have the case filed after five years and it would not appear on any consumer or background investigative report. So in 2006 I embarked on a tour of our state's judiciary system to attempt to wipe the slate clean, but since I am here posting today I'm sure you can guess how far I got with it.

    I have spoken to police officers, court clerks, and several attorneys and I've never gotten the same answer twice. Some have said expungement is not legal because I was charged and fined for subsequent driving offenses which are considered misdemeanors in R.I. between 2001 and 2006; the argument being that once your first offense is no longer your only offense, the felony conviction is enshrined for life.

    A plea of no contest in Rhode Island does not constitute a criminal conviction. That is the law, but it is open to interpretation and generally is viewed by all as equal to a plea of guilty. I have twice been fired (2005 and 2007 respectively) for falsification of documentation, after making the statement on the employment application that I had never been convicted of a felony. In November of last year, a decision by the Supreme Court effectively rendered all pleas of nolo contendere to be equivalent to guilty convictions. On the other hand, there have been hundreds of felony convictions in the past and others as recent as last year which have been expunged, but not in accordance with the law. For example, you may review the Brown University study of felony convictions and related motions to expunge during the 1990s.

    After I was terminated from my full time job in August 2007, our state's economy has severely declined and without a steady job I find myself on the brink of foreclosure. Nearly every company, small and large, performs some sort of background check at some point during the hiring process. There may be no pre-employment drug screening, but you can bet there will be a criminal records check - and probably before the hiring manager selects candidates to interview.

    I have researched the Fair Credit Reporting Act and it appears that any adverse information older than 7 years cannot be disclosed by reporting agencies, but I'm not sure if this applies or if anyone has cited the FCRA in any employment-related case. In the 2007 instance, I was officially terminated at the office on Thursday (I was called and asked to stop by on my day off) and then my copy of the background report arrived via FedEx on Saturday afternoon. In that case I was not afforded my opportunity to review the contents of the report prior to adverse action being taken, which is a provision of the FCRA as it relates to employment-related consumer reports. This, and the verbiage in the Aug '07 form letter referred to "a May '07 contingent offer of employment as... has been rescinded." I thought I had accepted the offer and demonstrated such acceptance by quitting my previous full time job and working 660 hours during my 3 months with the company, but I couldn't say for sure having no real legal expertise.

    It has been nearly seven years since the original felony went on the books. I never served a day in prison, but since that warm summer day just two weeks before the attacks on 9/11 I have not been free.

    Rhode Island has since decriminalized medical use of marijuana. The legislature has also granted marijuana patient "caretakers" (acting on behalf of "patients") the legal right to purchase marijuana from street dealers, as well as the right to legally possess marijuana. Each year, lawmakers make speeches and introduce legislation aiming to amend R.I.'s expungement statutes with renewed hope for rehabilitated people that one day they will again be free to enjoy the economic opportunity they had once been afforded prior to their sentence... but no new law has been enacted. The conviction on my record is a monkey on my back. Since 2001, advances in computer technology have provided for instant access to an array of records and data which was once filed and stored and viewable only in person during set hours, and thus my uphill battle has only become more difficult as the years go by. Today, anyone can walk into a public library anywhere and log onto the R.I. Judiciary web site. They can sit and read about my mistake as a young college kid, and make their own judgment about my character, and it won't cost one penny. Police officers make their own judgments during routine traffic stops after running checks on dashboard laptops in their patrol cars, and looking back I now realize that the 4th amendment no longer applies to me. The R.I. State Police have drafted letters of opposition to every bill which has sought to hasten expungement, arguing that convicted criminals who "likely will offend again" would be empowered by a clean slate and expungement of records would hinder the ability of law enforcement to effectively perform their jobs. Attorney General Patrick Lynch has also opposed all new expungement legislation.

    Having become increasingly frustrated and desperate to find a way to win this battle and regain my freedom, I stumbled upon ExpertLaw and decided to ask for your help.

    I would appreciate any ideas or strategies you may be able to suggest. I also haven't spoken to any lawyers who know about the FCRA or the 7 year provision as it pertains to background checks for employment purposes, so anyone who is knowledgeable in this area would be of great assistance. Thanks!

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: State Of Rhode Island - Motion To Expunge - What Is Legal? What Is Reality?

    Marijuana gives you weak wienie.

    Remember sex?

    Forget it.

  3. #3
    Join Date
    Apr 2008
    Posts
    1

    Default Re: Expungement In Rhode Island

    Quote Quoting Hotelier
    View Post
    First time poster with a predicament stemming from a 2001 felony in which a plea of no contest was entered. Keep in mind the following: This is Rhode Island.

    The offense was possession of marijuana with intent to deliver, the arrest took place in May 2001. I was advised by counsel at the time that since it was a first offense, I could have the case filed after five years and it would not appear on any consumer or background investigative report. So in 2006 I embarked on a tour of our state's judiciary system to attempt to wipe the slate clean, but since I am here posting today I'm sure you can guess how far I got with it.

    I have spoken to police officers, court clerks, and several attorneys and I've never gotten the same answer twice. Some have said expungement is not legal because I was charged and fined for subsequent driving offenses which are considered misdemeanors in R.I. between 2001 and 2006; the argument being that once your first offense is no longer your only offense, the felony conviction is enshrined for life.

    A plea of no contest in Rhode Island does not constitute a criminal conviction. That is the law, but it is open to interpretation and generally is viewed by all as equal to a plea of guilty. I have twice been fired (2005 and 2007 respectively) for falsification of documentation, after making the statement on the employment application that I had never been convicted of a felony. In November of last year, a decision by the Supreme Court effectively rendered all pleas of nolo contendere to be equivalent to guilty convictions. On the other hand, there have been hundreds of felony convictions in the past and others as recent as last year which have been expunged, but not in accordance with the law. For example, you may review the Brown University study of felony convictions and related motions to expunge during the 1990s.

    After I was terminated from my full time job in August 2007, our state's economy has severely declined and without a steady job I find myself on the brink of foreclosure. Nearly every company, small and large, performs some sort of background check at some point during the hiring process. There may be no pre-employment drug screening, but you can bet there will be a criminal records check - and probably before the hiring manager selects candidates to interview.

    I have researched the Fair Credit Reporting Act and it appears that any adverse information older than 7 years cannot be disclosed by reporting agencies, but I'm not sure if this applies or if anyone has cited the FCRA in any employment-related case. In the 2007 instance, I was officially terminated at the office on Thursday (I was called and asked to stop by on my day off) and then my copy of the background report arrived via FedEx on Saturday afternoon. In that case I was not afforded my opportunity to review the contents of the report prior to adverse action being taken, which is a provision of the FCRA as it relates to employment-related consumer reports. This, and the verbiage in the Aug '07 form letter referred to "a May '07 contingent offer of employment as... has been rescinded." I thought I had accepted the offer and demonstrated such acceptance by quitting my previous full time job and working 660 hours during my 3 months with the company, but I couldn't say for sure having no real legal expertise.

    It has been nearly seven years since the original felony went on the books. I never served a day in prison, but since that warm summer day just two weeks before the attacks on 9/11 I have not been free.

    Rhode Island has since decriminalized medical use of marijuana. The legislature has also granted marijuana patient "caretakers" (acting on behalf of "patients") the legal right to purchase marijuana from street dealers, as well as the right to legally possess marijuana. Each year, lawmakers make speeches and introduce legislation aiming to amend R.I.'s expungement statutes with renewed hope for rehabilitated people that one day they will again be free to enjoy the economic opportunity they had once been afforded prior to their sentence... but no new law has been enacted. The conviction on my record is a monkey on my back. Since 2001, advances in computer technology have provided for instant access to an array of records and data which was once filed and stored and viewable only in person during set hours, and thus my uphill battle has only become more difficult as the years go by. Today, anyone can walk into a public library anywhere and log onto the R.I. Judiciary web site. They can sit and read about my mistake as a young college kid, and make their own judgment about my character, and it won't cost one penny. Police officers make their own judgments during routine traffic stops after running checks on dashboard laptops in their patrol cars, and looking back I now realize that the 4th amendment no longer applies to me. The R.I. State Police have drafted letters of opposition to every bill which has sought to hasten expungement, arguing that convicted criminals who "likely will offend again" would be empowered by a clean slate and expungement of records would hinder the ability of law enforcement to effectively perform their jobs. Attorney General Patrick Lynch has also opposed all new expungement legislation.

    Having become increasingly frustrated and desperate to find a way to win this battle and regain my freedom, I stumbled upon ExpertLaw and decided to ask for your help.

    I would appreciate any ideas or strategies you may be able to suggest. I also haven't spoken to any lawyers who know about the FCRA or the 7 year provision as it pertains to background checks for employment purposes, so anyone who is knowledgeable in this area would be of great assistance. Thanks!



    Hello
    I am in the same boat as you. I have a felony haunting me from a little over 9 years ago that I cannot shake. Did you see the article in today's journal about the expungement bill. It passed the first step and next it is going to the Senate either tomorrow or Thursday. If it passes then it goes to the Governor in June or July. I have a excellent job opportunity and I am debating, as we speak wether or not to disclose the information or not. I know they are going to find out, but I think I would rather take the chance. I am doing research on it everyday, because I want this gone off my record. There is also another Bill 2232 in the Senate Judiciary Committee concerning expungement. I will keep you updated and I asked that you do the same with any information you may receive.

    Thanks

  4. #4
    Join Date
    Jun 2008
    Posts
    1

    Default Re: Expungement In Rhode Island

    I too am in the same boat.
    Did you read about the bill that passed last Friday (6/19/08)?
    It will clear all records of first time offenders who complete their deferred sentence...
    I received 5 years probation for possession with intent....I'm not sure if that was a deferred sentence or not, but i am sure hoping it is...
    Keep me updated on your situations...

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