Rhode Island Criminal Records
Table of Contents
Recent crime statistics indicate that Rhode Island has a violent crime rate of approximately 1.72 incidents per 1,000 residents (considered one of the lowest in the country) and an overall crime rate of about 14.58 per 1,000 residents. Rhode Island criminal records are official documents that detail an individual's interactions with law enforcement and the state's criminal justice system. These records typically include arrest records, warrant information, criminal charges filed, court dispositions, sentencing details, and incarceration history.
The Rhode Island Attorney General's Bureau of Criminal Identification (BCI) serves as the state's central repository for criminal history record information in Rhode Island; to this end, the bureau collates, maintains, and disseminates this information to interested parties. In addition to the BCI, various other governmental entities, such as local police departments, the Rhode Island Department of Corrections, and the Rhode Island Judiciary, also maintain and provide access to criminal record information.
Are Criminal Records Public in Rhode Island?
Per the Rhode Island Access to Public Records Act, criminal records generated in the state are generally considered public information and can typically be accessed by interested parties. However, there are certain exceptions and restrictions to this accessibility, depending on the specific type of criminal record or the information contained within it. For instance, juvenile records and records that have been expunged are deemed confidential and not open to public inspection. Likewise, records about ongoing criminal investigations, certain victim-related information, and information that would jeopardize public safety or privacy if released are also typically restricted from public access.
How To Look Up Criminal Records in Rhode Island?
The Rhode Island Attorney General's Bureau of Criminal Identification (BCI) is the primary agency for obtaining official criminal records in the state and provides interested parties with access to these records in the form of background checks. There is a $5 fee per background check (additional service fees may apply), and requests may be made in person at:
Attorney General Julius C. Michaelson Customer Service Center
4 Howard Avenue
Cranston, RI 02920
Hours: 8:30 a.m. - 4:30 p.m., Monday to Friday
Note that requesters will be required to present a valid government-issued ID. Also, requesters other than the subject of the record will be required to submit a signed and notarized Authorization to Release Form to the bureau. Background checks may also be requested by mailing the properly completed release form, along with the necessary fees, supporting documentation, and a self-addressed stamped return envelope, to the BCI at the address listed above.
The BCI also provides fingerprint-based national background checks for certain employment-related purposes; however, these checks are typically limited to agencies/entities that are statutorily required to perform these checks. Requests for these types of checks are typically made in person and require the submission of a completed Fingerprint Form, plus any relevant additional documentation from the agency/employer requesting the check, and a $45 fee. The person whose records are to be searched will also need to submit a complete set of their fingerprints using an FD-258 fingerprint card (fingerprinting service fees may apply).
You may contact the BCI at (401) 274-4400 for inquiries or additional information on background checks and accessing Rhode Island criminal records.
How To Search Rhode Island Arrest Records?
Arrest records in Rhode Island are created when a local or state law enforcement agency carries out an arrest. These records typically contain details like:
- The arrestee's full name, age, and address
- The arrest's race and sex
- The date and time of the arrest
- Details on the specific offenses or alleged crimes that led to the arrest
- The agency that handled the arrest, including the name of the arresting officer
- Information regarding bail or bond, if applicable
Copies of Rhode Island arrest records can typically be obtained by contacting the specific law enforcement agency responsible for the arrest(s) in question and submitting a request to the agency's records unit/department. These requests can typically be submitted in person or via mail, with some agencies also offering online request submission portals. Some municipal police departments also provide online access to their arrest logs on their official websites; however, availability varies by jurisdiction, and the scope of information obtainable via these logs is usually limited.
How To Search Rhode Island Warrants?
Warrants in Rhode Island are legal orders that authorize law enforcement officers to perform specific actions, such as making an arrest, conducting a search, or seizing property. These warrants are typically issued by judges, but may also be issued by justices and other duly authorized judicial officers. The most common types of warrants typically issued in Rhode Island include:
- Arrest Warrants: These authorize the arrest of an individual suspected of committing a crime.
- Search Warrants: These authorize law enforcement to search a specific location for evidence related to a crime and also seize items discovered in these locations where necessary.
- Bench Warrants: These authorize the apprehension of individuals who fail to appear for a scheduled court hearing or violate a court order.
Once an arrest or bench warrant is issued in Rhode Island, it typically remains active until the subject of the warrant is apprehended or the warrant is recalled/canceled by the issuing court. On the other hand, search warrants are usually valid for a limited period - per Rhode Island General Laws Section 12-5-3, these warrants must be returned within 14 days of being issued, whether executed or not. Executed search warrants are returned to the district court of jurisdiction in the municipality of issuance, while those that aren't executed within the 14-day timeframe are returned to the issuing court.
You can typically obtain warrant information in Rhode Island by contacting the relevant local law enforcement agency (the agency you believe obtained the warrant) or the court that may have issued it. Some municipal police departments may provide online lists of individuals with outstanding warrants; however, the availability and detail of this information can vary. Likewise, the Rhode Island Judiciary's public portal may also offer limited warrant information. However, be aware that access to information on active warrants in certain cases may be restricted, usually to protect the integrity of an ongoing investigation.
Can I Obtain a Rhode Island Criminal History Record of Another Person?
Access to another person's official criminal history record in Rhode Island is generally restricted and requires the explicit consent of the individual whose record is being requested. To this end, you may only obtain a copy of these records from the Rhode Island Bureau of Criminal Identification (BCI) with a signed and notarized Authorization to Release Form from the record subject. This form, along with a copy of a valid government-issued photo ID, and a $5 fee (per request), should be submitted to the BCI at:
Rhode Island Office of the Attorney General
4 Howard Avenue
Cranston, RI 02920
In-person requests may be made at the above location between the hours of 8:30 a.m. - 4:30 p.m., Monday to Friday, and the request fees may be paid via credit/debit card (service charges may apply). For mail-in submissions, requesters are required to include a self-addressed stamped return envelope and a check or money order for the applicable fees.
In-person requests are usually processed on the same day, while mail-in requests may take up to 14 days. Inquiries may be directed to BCI at (401) 274-4400.
How To Expunge or Seal Rhode Island Criminal Records
Rhode Island's Criminal Procedure Law makes provisions for eligible individuals to get arrest and conviction information expunged or sealed from their records, thereby removing them from public view.
Sealing primarily applies to non-conviction records, such as arrests that did not lead to a conviction, acquittals, or dismissals, and typically results in the records being hidden from public view; however, in cases where the person was acquitted, exonerated, or the case dismissed, their fingerprints, photographs, physical measurements, and any other records of identification taken at the arrest are usually destroyed. On the other hand, expungements are typically used for conviction information and make the record inaccessible to the public, treating the event as if it never occurred and allowing the individual to legally deny the record(s) for most employment, licensing, and civil privilege-related purposes. However, it should be noted that expunged records are not destroyed and may still be accessed by certain statutorily authorized parties, including law enforcement.
Rhode Island's criminal record clearing process (sealing and expungement) typically involves the following general steps:
- Determine eligibility. Sealing is typically used for non-convictions, while expungements are used for convictions. Likewise, while expungements are typically limited to first-time felony and misdemeanor convictions, individuals who have less than six misdemeanors and no felonies may also request an expungement for the misdemeanors. However, be aware that certain offenses are ineligible for expungement in Rhode Island - these include crimes of violence (like murder, robbery, first and second-degree sexual assault, and first and second-degree child molestation), domestic violence-related offenses, and DUIs.
- Complete the stipulated waiting period. Individuals who wish to file for an expungement typically have to wait out a certain number of years - usually between 5 to 10 years - from the date of the completion of their sentence before doing so (note that you must also remain crime-free during this period). Waiting periods may also apply before certain records (usually domestic violence-related) may be sealed as well.
- Gather necessary documents. These include a copy of your official criminal record and necessary court case documents.
- File a motion to expunge or seal. This motion must be filed with the court where the conviction or charge occurred. Necessary forms may be obtained directly from the court clerk's office or accessed online via the forms webpage on the Rhode Island Judiciary's official website.
- Notify relevant parties. You must provide notice of the scheduled hearing date to the Attorney General's Office and the police department that brought the original charge. Note that this must be done at least 10 days before the hearing.
- Attend the hearing. At this point, the court will review the motion and consider certain factors, including rehabilitation and public interest, before making a decision. If the motion is granted, the court will issue an order to the relevant agencies to remove the record from public view.
It is highly recommended to seek legal counsel to navigate the specific requirements and procedures for expungement or sealing in Rhode Island.
What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Rhode Island?
Per Rhode Island General Laws Section 28-5-7 (7), employers in Rhode Island cannot ask about an applicant's arrest, charges, or convictions on a job application except in specific situations, such as for law enforcement-related roles or when required by state or federal law. Similarly, Rhode Island General Laws Section 28-5.1-14 prevents licensing authorities from denying an occupational license solely or partly based on a prior conviction if the crime is not substantially related to the occupation for which the license is sought. In situations where a conviction is related to the profession, the licensing authority is required to consider public safety, the interest of encouraging employment for formerly incarcerated individuals, and the relationship between the crime and the applicant's ability to perform the job responsibly.
In addition to these statutes, Rhode Island also adheres to several federal laws and regulations that place limitations on how criminal records may be used. These include the Fair Chance Act, which prevents federal agencies and contractors in Rhode Island from inquiring about an applicant's criminal history until after making a conditional job offer. Additionally, housing providers and employers in the state generally have to comply with U.S. Department of Housing and Urban Development (HUD) and Equal Employment Opportunity Commission (EEOC) guidelines, which caution against blanket policies that automatically reject individuals based solely on criminal records and encourage individualized assessments of applicants.
Can I Access Rhode Island Criminal Records for Free Online?
Many private websites claim to offer access to Rhode Island criminal records, but the accuracy and completeness of information obtained via these sites can be questionable. For official criminal record information, it is best to directly contact the state's Bureau of Criminal Identification. Alternatively, you may utilize reliable sources like the Rhode Island Judiciary's Public Portal or premier platforms that aggregate data from official databases and verified sources, like RhodeIslandPublicRecords.us.