Rhode Island Criminal Court Records

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    Rhode Island criminal court records are the official documents compiled during criminal proceedings. These documents help promote transparency and accountability within the justice system, while also securing due process and the rights of defendants. The Rhode Island Judiciary is responsible for maintaining criminal court records originating from cases handled by the Rhode Island District Court and Superior Court (the state's criminal courts). The Rhode Island Court Rules and common law direct access to these records.

    Are Criminal Court Records Public in Rhode Island?

    Yes. The Rhode Island Public Records Act (APRA) does not apply to the judiciary's functions (i.e., those pertaining to litigants and their proceedings before the court). The APRA only affects records from the judicial administrative functions (R.I. Gen. Laws §§ 38-2-2(4)(i)(T), 38-2-5 (3)). Nonetheless, court records are presumptively open to members of the public in Rhode Island.

    Record seekers can inspect or copy Rhode Island criminal court records online or in person at the Superior or District Court where the case was handled. However, not all records are accessible to the public. The Rhode Island Judiciary's Rules of Practice Governing Public Access to Electronic Case Information highlights confidential criminal records in the state:

    • Juvenile criminal court records
    • Expunged or otherwise sealed criminal court records
    • Sealed cases of acquitted or otherwise exonerated persons
    • Identifying information about crime victims or confidential informants
    • Names and addresses of juvenile defendants
    • Identifying information of jurors

    What Criminal Court Records Contain in Rhode Island

    Rhode Island criminal court records typically include all details about a criminal case, whether it is ongoing or has been closed. The following information may be found in a public criminal court record in Rhode Island:

    • Case summary (Case number, location, filing date, case title, and court's name)
    • Case information (offense statute, degree, offense date, case type, case status, and jurisdiction)
    • Party information (the prosecutor's name, the defendant's name, and date of birth)
    • Dispositions (Date, sentence date, judicial officer's name, fees, and disposition)
    • Hearing date and time, total financial assessment, and the amount to be paid by the defendant
    • Warrant information (name of issuing court, bond amount, and issuing time and date)

    Rhode Island Criminal Court Records Search

    The Rhode Island judiciary provides various ways for an individual to conduct a criminal court records search:

    • State Online Portal

    The Rhode Island Public Portal is the primary electronic access point for statewide criminal case information. Users must enter a name or number in the search box to conduct a search.

    Attorneys and federal/state agencies will need to complete a Request for Access to Case Information form and submit it to the Judicial Technology Center (JTC) at HelpDesk@courts.ri.gov. The form has a subscription agreement section that must be signed. After submitting the form, the requester will receive a username and password from a JTC representative, which are needed to access the Public Portal.

    • Courthouse terminals

    All superior and district courts in Rhode Island have computer terminals in the respective clerks' offices. Individuals can view all public electronic case information during regular business hours. This access does not apply to sealed or confidential criminal cases or documents.

    However, attorneys can obtain electronic access to all documents and information about a criminal case in which they represent the defendant. Self-represented litigants and parties to a case can also receive electronic access to a criminal case in which they are named a party.

    • Court Clerk's Office:

    In addition to using the computer terminals to view criminal court records at the courthouse, record seekers can obtain copies of documents with the assistance of the court clerk. Requesters would need to visit the court where the case was handled during business hours and provide basic information about the case (names, case numbers) to locate records.

    While accessing electronic court papers in Rhode Island is typically free, acquiring copies or certified records usually incurs fees. Court clerks charge 10 cents each for plain copies of criminal court records and $3 each for certified copies. Individuals who cannot pay these expenses may be eligible for fee waivers.

    Free Access to Criminal Court Records in Rhode Island

    In Rhode Island, the public can obtain criminal court records for free by conducting online lookups via the Rhode Island Judiciary Public Portal or using public terminals at courthouses. Users will need a name or number to conduct their search, which will return basic information about a criminal case.

    Individuals seeking comprehensive searches or copies of records can visit the courthouse in person and seek assistance from court staff. Requests attract a fee if copies are needed, but fee waivers may be available for indigent applicants.

    Sealing and Expungement of Criminal Court Records in Rhode Island

    In Rhode Island, sealing and expungement both limit access to criminal records but differ in scope. Sealing hides a record from the public while keeping it in court and law enforcement files for official use. Expungement removes the record more completely, erasing it from active files and allowing the individual to legally deny the offense in most situations. Under R.I. Gen. Laws § 12-1.3-1(2), expungement includes sealing, but sealing alone does not fully erase the records.

    How to Seal Criminal Court Records in Rhode Island

    Below is a step-by-step process for sealing criminal court records in Rhode Island:

    • Step 1: Determine Eligibility

    To be eligible, individuals must be first-time offenders with a felony or misdemeanor record. There are time constraints for filing, and defendants cannot apply if they have been convicted or placed on probation more than once

    • Step 2: Obtain and File the Motion Form

    The individual must obtain the correct "Motion to Expunge or Seal Record and Affidavit" form from the court in which the conviction occurred, such as the District Court (most misdemeanors in Rhode Island), Superior Court (misdemeanor and felonies within the court's jurisdiction), or Family Court (misdemeanors within the court's jurisdiction). These forms can also be found in the "Forms" page of the Rhode Island Judiciary's website.

    • Step 3: Receive a Hearing date

    After the motion has been filed, the court schedules the hearing date at least 10 days later.

    • Step 4: Provide Notice to Relevant Agencies

    The individual is legally required to provide 10 days' notice of the hearing to both the office and the Attorney General, as well as the police agency that handled the matter.

    • Step 5: Attend the Hearing

    The individual must attend the scheduled court hearing, during which the motion for sealing or expungement will be considered.

    How to Expunge a Criminal Record in Rhode Island

    According to R.I. Gen. Laws § 12-1.3-1(2), expungement means sealing and retaining all criminal records and removing all documents and information relating to them from active files. Below is a step-by-step process of expunging criminal records in Rhode Island:

    Criminal Records in Rhode Island vs Court Records

    In Rhode Island, criminal records are comprehensive statewide histories kept by law enforcement or judicial departments that detail arrests, charges, and convictions. However, criminal court records are official files established and maintained by the courts during a case's prosecution; they include filings, motions, orders, and judgments. While court records are part of a criminal record, criminal court records provide a more comprehensive picture of an individual's encounters with the legal system.

    Requesting a Rhode Island Criminal History Record

    Rhode Island's criminal records (or criminal history records) are confidential law enforcement documents. The Rhode Island Office of the Attorney General's Bureau of Criminal Identification and Investigation (BCI), the official records custodian, only releases criminal history records to the subjects of the records. Third parties can only access these records upon submission of a signed and notarized release from the subject. A Rhode Island criminal history record shows fingerprint-based arrests that resulted in a criminal conviction or its equivalent, as well as those that are still pending prosecution at the time of the request.

    How to Request a Rhode Island State Background Check

    Eligible individuals can perform background checks by mail or in person at the Rhode Island Office of the Attorney General's Bureau of Criminal Identification and Investigation. In-person applicants can visit the AG's Customer Service Center in Cranston with a valid state-issued driver's license, state-issued identification card, or United States passport, along with a credit/debit card to pay the $5 fee. Individuals do not need to schedule an appointment in advance for the visit, as the BCI offers walk-in services.

    Mail applicants should send a signed and notarized Release Form/Disclaimer, a copy of a valid photo ID, a check or money order for $5, and a self-addressed, stamped return envelope to the BCI. The processing time is 14 days.

    Active vs Archived Criminal Cases in Rhode Island

    In Rhode Island, active criminal cases are ongoing proceedings, which means they show on court calendars and can be accessed through online portals or courthouse terminals. When a case is no longer active or has become outdated, it may be archived or transferred to the Judicial Records Center (JRC). Accessing archived records typically requires submitting a written request by mail or visiting the JRC in person during business hours.