Fill and Sign the Fill in the Required Fields in the Motion to Expunge or Seal Record the Defendants Name Form

FC-85 (revised June 2019) INSTRUCTIONS FOR FILING A MOTION TO EXPUNGE OR SEAL RECORD 1. Fill in the required fields in the Motion to Expunge or Seal Record – The Defendant ’s name, case number, bureau of criminal identification number , the count (s), charge (s), and disposition(s) of the c ase, and the name of the police d epartment that charged the case. Also, indicate whether you are moving to seal or expunge your criminal records . 2. The Clerk’s O ffice will fill in th e hearing date for the motion. The date will be at least ten (10) da ys from the date the motion is filed, because you are required under the law to provide at least ten (10) days’ notice of the hearing to the Office of the Attorney General and the police d epartment that charged the case. 3. Certify that you have provided not ice 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 : A: If you were convicted of or placed on probation for a single misdemeanor offense; or B: If you were convicted of or placed on probation for more than one (1) but less than six (6) mi sdemeanor offenses. • Part Three: If your case was placed on File for a period of one (1) year or a period of three (3) years if the charges were domestic related. • 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 “ Signature of the Defendant ” 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 comp lete 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 clerk’s 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 General’s Bureau of Criminal Identification Unit (BCI) , and one (1) copy is for the police d epartment that charged the case. You are responsible to deliver the copies to these agenci es. FC-85 (revised June 2019) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT MOTION TO EXPUNGE OR SEAL RECORD - MISDEMEANOR State of Rhode Island v. Defendant Case Number Bureau of Criminal Identificatio n 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  Garrahy Judicial Complex Providence/Bristol County One Dorrance Plaza Providence, Rhode Island 02903 -27 19 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 res pectfully moves this honorable court that:  Pursuant to G.L. 1956 § 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 age ncy 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 § 12- 1-12.1.  All records and records of conviction relating to the conviction of the a bove-referenced case be expunged and all index and other references to it removed from public inspection pursuant to G.L. 1956 § 12- 1.3-3(c) or (e) . An Affidavit is submitted in support of this motion. This m otion is called for a hearing on ___________________ at 9:00 a.m. in courtroom __________ at the court location listed above . I hereby certify that pursuant to G.L. 1956 § 12-1-12.1(b) or § 12-1.3- 3(a), on _______________________________, the Office of the Attorney General and the ____________________ Police Department, which originally brought this c harge, 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: FC-85 (revised June 2019) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT AFFIDAVIT IN SUPPORT OF MOTION TO EXPUNGE OR SEAL RECORD State of Rhode Island v. Defendant Case Number Bureau of Criminal Identification Number I, the undersigned, do hereby, under oa th, 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 A:  That I received the disposition listed in Box 3 of the motion. Single,  That th e 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) misdemeanor preceding the filing of this motion and have not been convicted of a felony .  That it has been more than five (5) years from the date of the completion of my last sentence.  That in the five (5) 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 crimes listed in Box 2 of the motion. Two B:  That I received the disposition s listed in Box 3 of the motion. Multiple  That none of the disposition s listed in Box 3 of this motion are convictions for a crime Convictions, violence. Probations  That none of the dispositions listed in Box 3 of this motion are convictions under chapter 29 of title 12 (Domestic Violence Prevention Act), G.L. 1956 § 31- 27-2 (Driving Under the Influence of Liquor or Drugs), or G.L. 1956 § 31-27 -2.1 (Refusal to Submit to Chemical Test).  That I have not been convicted o more than five (5) misdemeanors preceding the filing of this motion and have not been convicted of a felony. Page 1 of 2 FC-85 (revised June 2019) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS FAMILY COURT  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 fine s, fees, costs, assessments, and/or charges. Part  That I was charged with the crime listed in Box 2 of the motion. Three :  That the case was disposed of by a filing. Filings  That the crime listed in Box 2 of this motion is not a crime of domesti c violence, and it has been more than one (1) year since the case was disposed of by a filing.  That the crime listed in Box 2 of this motion is a crime of domestic violence, and it has been more than three (3) years since the case was disposed of by a filing.  That I was not previously convicted of a felony or a private complaint.  That I did not violate the terms of my filing.  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. Four:  That I received the disposition listed in Box 3 of the motion. De criminalized  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