Headline:
Courts are in the process of automatically expunging people with drug possession charges that have now been decriminalized. A new driver’s license restoration program is available to eligible Providence residents.
Last-reviewed: 12pm, May 22, 2023
Key Resources:
The Basics
- Automatic expungement is available to people with certain drug possession charges that have been decriminalized by the passing of RI’s recreational marijuana law. The District Court issued this administrative order related to expungement filings.
- Here is general information from the court about expungement.
- Providence city residents who have had their driver’s licenses suspended may be eligible to participate in a new license restoration program.
- A new law was passed requiring judges to waive fees for defendants with certain kinds of criminal cases and who are unable to afford basic necessities. Defendants will need to prove the inability to pay either through sworn statements or enrollment into programs like SNAP, SSI or cash assistance. They can contact the court where they owe money for more information: Superior Court at 401-222-2084 or Central Registry@Courts.RI.com; District Court contact information is here. Here is the form that people can bring to their hearing with them to show their inability to pay. Probationers and Parolees with specific questions should contact their PO for further instructions.
The Breakdown
Expungement
- Courts have until July 1, 2024 to automatically expunge charges related to drug possession that have now been decriminalized. Eligible individuals can proactively ask the court to expunge their records by submitting their name, date of birth and case number to the court where they were convicted; this can be submitted in person or by e-mail. The Court Order that describes the process for expungement is available here.
- In addition to the charges being expunged, outstanding fines and fees will be waived. Fines and fees already paid will not be reimbursed.
- General expungement requirements here. Highlights include:
- Affidavits must be signed and notarized; notaries may be found in many banks and some public libraries.
- A Motion to Expunge/Seal form can be found here.
- Expungement assessments are available for eligible individuals.
- Expungement resource guide here.
- Providence residents who lost their license because they missed a traffic court hearing, have unpaid fines, and other monetary-related suspension may be eligible for a special driver’s license restoration program.
- The program will provide case management, legal support and financial aid. OpenDoors and Amos House care coordinators will work with the DMV to help eligible Providence residents navigate license restoration process.
- Note: Open Doors notes that due to high interest, applicants may have to wait 6 months before receiving assistance. Also due to high volume, they no longer can answer calls individually but do have a standing zoom open hours every Tuesday from 11am-12pm. Zoom link here.
Early termination of probation
- People who have been on probation for at least three years, with no violations and who meet other conditions may be eligible for early termination of probation. The Public Defender’s office has more information here.
Restoration of driver’s licenses
- Providence residents who lost their license because they missed a traffic court hearing, have unpaid fines, and other monetary-related suspension may be eligible for a special driver’s license restoration program.
- The program will provide case management, legal support and financial aid.
- OpenDoors and Amos House care coordinators will work with the DMV to help eligible Providence residents navigate license restoration process.
- Note: Open Doors notes that due to high interest, applicants may have to wait 6 months before receiving assistance. Also due to high volume, they no longer can answer calls individually but do have a standing zoom open hours every Tuesday from 11a -12 noon. Zoom link here.
Restoration of driver’s licenses
- Providence residents who lost their license because they missed a traffic court hearing, have unpaid fines, and other monetary-related suspension may be eligible for a special driver’s license restoration program.
- The program will provide case management, legal support and financial aid.
- OpenDoors and Amos House care coordinators will work with the DMV to help eligible Providence residents navigate license restoration process.
- Note: Open Doors notes that due to high interest, applicants may have to wait 6 months before receiving assistance. Also due to high volume, they no longer can answer calls individually but do have a standing zoom open hours every Tuesday from 11 am -12 pm. Zoom link here.
Legal resources:
- RI Public Defender
- RI ACLU
- The RI Judiciary has this calculator to help people assess fees, fines, court costs, assessments and charges on offenses. FAQ here.
Resources:
The Bottom Line
- Care teams can share information about expungement, parole and driver’s license restoration to patients/clients, and can also connect patients/clients with community-based resources like House of Hope and Open Doors that support people with criminal system involvement histories.
