Rhode Island Arrest Records

A Rhode Island arrest record is an official document chronicling the details of an arrest. An arrest is typically authorized by an arrest warrant granted to the law enforcement personnel by the court. However, an officer of the law can make an arrest without a warrant if there is sufficient probable cause to justify the allegation of criminal involvement. The law enforcement agency responsible for the arrest (such as the Rhode Island State Police, County Sheriff's, or any City Police Department) is required by law to generate the arrest record.

An arrest record is a valuable tool in court trials. It furnishes the court with the necessary helpful information for making a verdict.

Per R. I. Gen. Laws § 38-2-3.2, the information contained in the arrest record includes:

• The identity of the arrested party (full name, year of birth, gender, race, and body description);
• The arrestee's home address;
• Charges;
• Arrest location, date, and time;
• The incident leading up to the arrest;
• Arresting officer's name;
• Disposition of arrestee.

Are Arrest Records Public in Rhode Island?

Per the Rhode Island Access to Public Records Act (APRA), Rhode Island arrest records are considered public records available to members of the public. Hence, record custodians are obligated by the Public Records Act to provide these records to inquirers as well as provide a written procedure for accessing the record in their custody. In certain instances, an arrest record or information contained therein is restricted to the public. These instances/records include:

• Sensitive personal information of the suspect;
• Arrest records on an ongoing investigation;
• An arrest record that contains information on a confidential source;
• Arrest records whose disclosure would interfere with a person's right to a fair trial;
• The address of a suspect if disclosure leads to the identification of a crime victim;
• Arrest records whose disclosure may potentially endanger the life or safety of any person.

How Do I Look Up Arrest Records in Rhode Island?

Inquirers may lookup Rhode Island arrest records using any of the following options:

• Local law enforcement agency: County sheriffs and city police departments maintain records of all persons they have taken into custody. Some agencies make adequate provisions for online arrest record requests. An example is the City of Warwick Police Department. The Department maintains an online arrest log that is updated daily and accessible to the public on their official site. Other methods of submitting an arrest record request include mail, fax, telephone, or in-person requests, depending on the agency.
• Rhode Island State Police: The Rhode Island State Police manages arrest records at state level. However, only subjects of record can request an arrest record from the Department. Inquirers may visit the department to make their inquiries or submit a Public Records Request Form by email, fax, or by mail to:

***RI Department of Public Safety Legal Office ***

311 Danielson Pike

North Scituate, RI 02857

Fax: (401) 444-1105

Email: records@risp.gov

Upon receipt of the request, the Department will communicate the cost of issuing an official copy of the arrest record to the applicant.

• Federal Bureau of Investigation (FBI): The FBI maintains a repository of criminal history records of individuals arrested in the United States. An individual with a history of arrest can request a record from the FBI online. The inquirer's email address will be requested to send the applicant information form. Upon submitting the form, the requester may need to submit fingerprints through any US Postal service or mail the fingerprint card to the address on the confirmation email. Additional costs may be incurred when forwarding the fingerprints. An online request takes an estimated 15 days to be processed after the fingerprints have been received and is the fastest means of obtaining a criminal history record.

The Applicant information form can alternatively be downloaded online, completed manually, and mailed along with the fingerprint card and necessary fees to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

Mail requests are slower than online requests and could take up to 75 days to be processed. The requester will receive a response from the FBI containing the requested record by first-class mail via the U.S. Postal Service. The FBI also has a list of approved channelers listed on a dedicated web page through whom applicants may request a record. The channeler collects the requester's information, fingerprints, and payment and forwards the request to the FBI on behalf of the person. A criminal history record request costs a standard fee of $18, aside from additional fees that may be incurred through the application.

Free Arrest Record Search in Rhode Island

Rhode Island law enforcement agencies have an online database of arrest records in their custody readily accessible to the public for free. The database can be accessed by visiting the agency's website. These databases typically provide basic information regarding an arrest, such as the arrest date, the time of arrest, the cause of arrest, and the arrestee's identity. The Providence Police Department Open Data Portal is an example of one such online portal where individuals can access arrest reports for free.

How Long Do Arrests Stay on Your Record in Rhode Island?

Rhode Island provides no specific timeline for the retention or removal of an arrest record. Thus, an arrest record will typically always remain on record except in cases of marijuana-related arrest records. An individual only convicted for a marijuana offense that has now been decriminalized may have the criminal record automatically expunged under R.I. Gen. Laws § 12-1.3-5. At the subject's written request, the Chief Justice must provide a procedure and timeline for automatic expungement for all eligible records. Inquirers may also submit a petition to expunge personal arrest records relating to other criminal offenses, provided they meet the eligibility requirements. Eligibility is primarily contingent on the nature of the offense and the number of convictions.

How to Seal Arrest Record in Rhode Island

Pursuant to R.I, Gen. Laws § 12-1.3, any person convicted of a felony or misdemeanor in Rhode Island may file a motion to expunge the record. Anyone convicted of more than one misdemeanor but less than six with no felony conviction record may also file for a motion of expungement. A petition to expunge a record may only be submitted after completion of the waiting period predetermined by law for the offense committed. The waiting period for a misdemeanor crime is 5 years. The timeline for a felony crime and more than one misdemeanor conviction is 10 years after the completion of the last sentence. For an offense that has been decriminalized, a once-convicted person may file for a motion of expungement of the record, for which the court will hold a hearing.

All requests to have an arrest record expunged should be made to the court where the conviction occurred. The requester must give notice of the hearing date in court to the attorney general and law enforcement agency that brought the charges at least 10 days before the date. If the court decides to have the record expunged after the hearing, it will order the removal of the record from the public space. A copy of the court order will be sent to all law enforcement in possession of the record.

Once the record has been removed, the subject is legally seen not to have committed the crime and is free from all potential penalties. However, if the person is subsequently convicted of a crime, the expunged record may be considered in determining a sentence for the new crime.