Motion To Expunge Or Seal Record {DC-33}

DC-33 (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: 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) misdemeanor 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 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 DC-33 (revised October 2018) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT COURT MOTION TO EXPUNGE OR SEAL RECORD State of Rhode Island v. Defendant Case Number Bureau of Criminal Identification Number Murray Judicial Complex 2nd Division 45 Washington Square Newport, Rhode Island 02840-2913 Noel Judicial Complex 3rd Division 222 Quaker Lane Warwick, Rhode Island 02886-0107 McGrath Judicial Complex 4th Division 4800 Tower Hill Road Wakefield, Rhode Island 02879 - 2239 Garrahy Judicial Complex 6th Division One Dorrance Plaza 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 9:00 a.m. 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: Dat e: www.FormsWorkFlow.com DC-33 (revised October 2018) STATE OF RHODE ISLAND ANDPROVIDENCE PLANTATIONS DISTRICT 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 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-relatedfines, 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 the disposition listed in Box 3 of this motion is not a conviction for a crime ofConviction, violence.Probation That I have not been convicted of more than one (1) misdemeanor preceding the filingof 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 lastsentence.That in the five (5) years preceding the filing of this motion, I have not been convictedof nor arrested for any felony or misdemeanor.That there are no criminal proceedings pending against me, and I have exhibited goodmoral character.That I have satisfied in full any and all outstanding court-imposed and/or court-relatedfines, 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 dispositions listed in Box 3 of the motion.Multiple That none of the dispositions listed in Box 3 of this motion are convictions for a crimeConvictions, violence.Probations That none of the dispositions listed in Box 3 of this motion are convictions underchapter 29 of title 12 (Domestic Violence Prevention Act), G.L. 1956 247 31-27-2(Driving Under the Influence of Liquor or Drugs), or G.L. 1956 247 31-27-2.1 (Refusalto Submit to Chemical Test).That I have not been convicted of more than five (5) misdemeanors preceding thefiling of this motion and have not been convicted of a felony. Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com DC-33 (revised October 2018) STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DISTRICT 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 fines, 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 domestic 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 o