Superior-55 (revised October 2018) INSTRUCTIONS FOR FILING A MOTION TO EXPUNGE OR SEAL RECORD 1. Fill in the required fields in the Motion to Expunge or Seal Record 226 The Defendant222s name, case number, bureau of criminal identification number, the count(s), charge(s), and disposition(s) of the case, and the name of the police department that charged the case. Also, indicate whether you are moving to seal or expunge your criminal records. 2. The Clerk222s Office will fill in the hearing date for the motion. The date will be at least ten (10) days from the date the motion is filed, because you are required under the law to provide at least ten (10) days222 notice of the hearing to the Office of the Attorney General and the police department that charged the case. 3. Certify that you have provided notice to the Office of the Attorney General and the police department that charged the case and then sign the motion. 4. In the Affidavit in Support of the Motion to Expunge or Seal Record, identify the part applicable to your motion. Part One: If you were acquitted (found not guilty) or the case was dismissed. Part Two: If you were convicted of or placed on probation for a single felony offense. Part Three: If you pled guilty or nolo contendere and your sentence was deferred by the court pursuant to a written deferral agreement. Part Four: If the offense has been decriminalized subsequent to the date of your conviction. 5. Put a check mark in the box for each statement that is true under the Part applicable to your motion (see above). 6. Sign the Affidavit in Support of the Motion to Expunge or Seal Record on the line marked 223Signature of the Defendant224 in the presence of a notary public or clerk. 7. Bring the Order for Expungement or Sealing of Record to the hearing. 8. If your motion is granted, the following conditions must be satisfied to complete the expungement process. All financial obligations owed (fines, fees, costs, restitution, and assessments) must be paid in full. Also, you will be required to pay a $100 fee if the case resulted in a conviction. Upon all conditions being satisfied, the clerk222s office will prepare three (3) certified copies of the order. One copy is for your records, one (1) copy is for the Office of the Attorney General222s Bureau of Criminal Identification Unit (BCI), and one (1) copy is for the police department that charged the case. You are responsible to deliver the copies to these agencies. American LegalNet, Inc. www.FormsWorkFlow.com Superior-55 (revised October 2018) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT MOTION TO EXPUNGE OR SEAL RECORD - FELONY State of Rhode Island v. Defendant Case Number Bureau of Criminal Identification Number Murray Judicial Complex Newport County 45 Washington Square Newport, Rhode Island 02840 - 2913 Noel Judicial Complex Kent County 222 Quaker Lane Warwick, Rhode Island 02886 - 0107 McGrath Judicial Complex Washington County 4800 Tower Hill Road Wakefield, Rhode Island 02879 - 2239 Licht Judicial Complex Providence/Bristol County 250 Benefit Street Providence, Rhode Island 02903 - 2719 Now comes the Defendant and requests that the above-referenced case containing the following charge(s) be expunged sealed. 1. Count(s): 2. Charge(s): 3. Disposition (s) : Wherefore, the Defendant respectfully moves this honorable court that: Pursuant to G.L. 1956 247 12-1-12, any fingerprints, photographs, physical measurements, or other record of identification taken by the Office of the Attorney General or any other authorized law enforcement agency shall be destroyed, all records of the Bureau of Criminal Identification (BCI) shall be sealed, and all court records shall be sealed in accordance with G.L. 1956 247 12-1-12.1. All records and records of conviction relating to the conviction of the above-referenced case be expunged and all index and other references to it removed from public inspection pursuant to G.L. 1956 247 12-1.3-3(c) or (e). An Affidavit is submitted in support of this motion. This motion is called for a hearing on at in courtroom at the court location listed above. I hereby certify that pursuant to G.L. 1956 247 12-1-12.1(b) or 247 12-1.3-3(a), on , the Office of the Attorney General and the Police Department, which originally brought this charge, have been notified of this motion and court date at least ten (10) days prior to the hearing date. /s/ Attorney for the Defendant or the Defendant Rhode Island Bar Number: Date: American LegalNet, Inc. www.FormsWorkFlow.com Superior-55 (revised October 2018) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT AFFIDAVIT IN SUPPORT OF MOTION TO EXPUNGE OR SEAL RECORD - FELONY State of Rhode Island v. Defendant Case Number Bureau of Criminal Identification Number I, the undersigned, do hereby, under oath, make this affidavit in support of my Motion to Expunge or Seal Record: Part That I was charged with the crime(s) listed in Box 2 of the motion. One: That I was acquitted or otherwise exonerated of this offense(s). Acquittals, That the case was dismissed against me. Dismissals That I have not been previously convicted of a felony. That I have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges. Part That I was charged with the crime listed in Box 2 of the motion. Two: That I received the disposition listed in Box 3 of the motion. Single, That the disposition listed in Box 3 of this motion is not a conviction for a crime of Conviction, violence. Probation That I have not been convicted of more than one (1) felony preceding the filing of this motion. That it has been more than ten (10) years from the date of the completion of my last sentence. That in the ten (10) years preceding the filing of this motion, I have not been convicted of nor arrested for any felony or misdemeanor. That there are no criminal proceedings pending against me, and I have exhibited good moral character. That I have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges. Part That I was charged with the crime listed in Box 2 of the motion. Three: That I pled guilty or nolo contendere to the crime listed in Box 2 of this motion. Deferred That my sentence for the crime listed in Box 2 of this motion was deferred by the court Sentence pursuant to a written deferral agreement filed with the clerk of court. That I have completed my deferment period. That I have complied with all the terms and conditions of my deferral agreement, including, but not limited to, the payment of any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges That I have not been convicted of a crime of violence. That, there are no criminal proceedings pending against me, and I have exhibited good moral character. Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com Superior-55 (revised October 2018) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS SUPERIOR COURT Part That I was charged with the crime listed in Box 2 of the motion. Four: That I received the disposition listed in Box 3 of the motion. Decriminalized That all conditions of the original criminal sentence have been Offense completed. That I have satisfied in full any and all outstanding court-imposed and/or court-related fines, fees, costs, assessments, and/or charges. That the offense has been decriminalized subsequent to the date of my conviction. Signature of the Defendant Date State of County of On this day of , 20, before me, the undersigned notary public, personally appeared personally known to me or proved to me through satisfactory evidence of identification, which was , to be the person who signed above in my presence, and who swore or affirmed to me that the contents of the document are truthful to the best of his or her knowledge. Notary Public: My commission expires: Notary identification number: Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com