Rhode Island Arrest Records

Are Arrest Records Public in Rhode Island?

Yes. Per the Access to Public Records Act, arrest records are open to the public in Rhode Island. However, this access is to the degree that the law provides. As such, while people generally have the right to ask any records custodian for an arrest record in Rhode Island, the request can be denied if the record is exempt from disclosure by law. These exemptions are outlined under R.I. Gen. Laws § 38-2-2(4)(A) through (W) and include:

• Records associated with a pending police investigation
• Records that threaten a person's safety or infringe on their privacy (e.g., social security numbers, home addresses)
• Records that are confidential by federal or state law
• Records that have been sealed by court order

What is Considered an Arrest Record in Rhode Island?

In Rhode Island, an arrest record is the official documentation of an arrest. It shows the extent to which the police have suspected a person of violating the state's criminal laws. Every police department creates this type of record after an arrest and maintains it afterward as proof of a person's unlawful conduct. The record also plays an essential part during someone's prosecution in the criminal justice system.

The Rhode Island constitution and criminal laws allow law enforcement to detain or arrest anyone found or suspected of committing a criminal act within the state's boundaries. While the police have the power to arrest someone with or without a warrant, no arrest can occur without probable cause. This means that there must be facts or circumstances that would lead a reasonable person to believe that a crime is being, has been, or will be committed.

Anytime an arrest occurs, the arresting agency creates a record. This record, known as an arrest record, is documented proof that an individual was apprehended for illegal conduct. The record is quite significant in criminal court proceedings and may be included in the arrestee's Rhode Island criminal record.

Although an arrest record pertains to an individual, the record's contents are not restricted to that individual or the arresting agency. Rhode Island arrest records are public information by law. Hence, any curious party can obtain a record from its legal custodian unless disclosure is forbidden by statute or court order.

What Shows Up in a Rhode Island Arrest Record?

An arrest record contains information about the accused person and alleged crime. This includes:

• The arrestee's full name, age, date of birth, gender, and race
• Home address at the time of the arrest
• Contact information
• Height and weight
• Tattoos, marks, or scars
• Hair and eye color
• Social security number
• Photograph
• Fingerprints
• The time, date, and place of the arrest
• The classification and description of the alleged crime
• Criminal charges
• Bail/bond amount
• The arresting officer's name
• The arresting agency

Also included may be investigation reports, witness statements, processing reports, complaint report files, court information, and signed Miranda rights.

Who Can Access Arrest Records in Rhode Island?

Any arrest record is public knowledge in Rhode Island unless otherwise indicated by law or court order. Hence, members of the public (including families, friends, neighbors, colleagues, employers, insurance companies) can obtain a public arrest record without offering an ID or a statement of purpose to the record's custodian.

Rhode Island Arrest Statistics

The Uniform Crime Reporting (UCR) Unit of the Rhode Island State Police publishes comprehensive yearly reports that reflect the state's crime statistics. Each report applies data obtained from state and local law enforcement agencies to present a statewide overview of criminal offenses that occurred within a certain year, as well as arrest statistics and arrestee descriptors.

According to the 2020 Uniform Crime Report, 19,805 arrests occurred in the state. Of this number, males experienced the most arrests, representing 74.2% (14,697) of the total. People between 25 and 29 (3,244 persons) were frequently arrested, followed closely by people between 30 and 34 (3,029 persons). Furthermore, many arrestees (19,218 persons) had no firearms or weapons at the time of the arrest.

How Do I Lookup Someone's Arrest Records in Rhode Island?

Anyone who wishes to lookup an individual's Rhode Island arrest record must query the local police department with custody or control over the record. Obtaining the record may involve submitting a record request form by mail (or other means provided) or visiting a police department's records division within regular business hours to request orally or in writing.

Access to arrest records is often unrestricted in Rhode Island, but one must pay a small fee to the records custodian to obtain any record. Per Section 38-2-4 of the Access to Public Records Act, this fee will not exceed $.15/page if the document can be copied on common business or legal-sized paper, or $15/hour for search and retrieval after the first hour (as the first hour is free).

After submitting a request, the arrest record will be released if it is available. Otherwise, processing may take up to 10 working days. This period can be extended for another 20 days for good reason.

Individuals who had their requests denied can appeal to the Chief of Police. If the chief denies the appeal, the party may file a petition in the Superior Court or file a complaint in the Attorney General's Office.

Furthermore, local and state police departments provide arrest logs on their official websites, and upon request per R.I. Gen. Laws § 38-2-3.2. Some departments publish these logs every month, while others only publish arrests that occurred some days back. These arrest logs are not the complete record, but an individual may still obtain the following information:

• The arrestee's name
• Current address
• Age
• Gender
• Race
• Ethnicity
• Charges
• Arrest number
• The date and time of the arrest
• The arresting officer
• Disposition of the arrestee (e.g., held for arraignment, transported to ACI Intake, awaiting pick up, given notice to appear)

The arrest logs of the Rhode Island State Police can be found on the agency's press releases page.

Alternatively, a third party can run a state criminal background check through the Bureau of Criminal Identification (BCI) for $5 to find an adult's arrest records. By requesting this background check, the entity can retrieve criminal history information, which contains arrest records.

To begin, the applicant must submit a photocopy of an acceptable ID and a third-party disclaimer form to the BCI. This form must be filled, signed by the applicant, and notarized. If the requester is a company, the disclaimer must be attached to the company's header. Acceptable IDs include:

• Valid state-issued driver's license
• Valid state-issued identification card
• Valid U.S. passport

The form and ID can be submitted in person or by mail. The BCI does not provide a method to retrieve criminal history records online. Below are the mailing and street addresses:

In-person (at the BCI window):
Attorney General Julius C. Michaelson Customer Service Center
4 Howard Avenue (Corner of Pontiac Avenue and Howard Avenue)
Cranston, RI 02920
Phone: (401) 274-4400
Hours: 8:30 a.m. to 4:30 p.m., Monday through Friday

Mail address:
Attorney General Julius C. Michaelson Customer Service Center
4 Howard Avenue
Cranston, RI 02920

Mail requesters must include a self-addressed stamped envelope and a check or money order in the amount of the records fee (i.e., $5). The processing time for such requests is seven days. On the other hand, an in-person requester may obtain a record immediately. The acceptable payment methods for in-person requests are check, credit card, and money order.

Juvenile arrest records are withheld from public inspection in Rhode Island, except records of juveniles tried as adults for serious offenses. Only entities named in (R.I. Gen. Laws § 14-1-64) can inspect and copy restricted juvenile records. Those parties can request juvenile background checks at the following location:

Family Court
1 Dorrance Plaza
Providence, RI 02903 (401) 458-5272
Hours: 8:30 a.m. to 4:30 p.m., Monday through Friday

How to Subpoena Arrest Records in Rhode Island

A subpoena is a document issued under a court's authority to compel the attendance of witnesses, inspection of premises, or production of documentary evidence (R.I. Gen. Laws § 9-18.1-2(5)).

A subpoena can be effective in a legal proceeding when the plaintiff or defendant requires a witness' testimony or the release of documentary evidence (designated books, records, documents, electronically stored information, or other tangible items) to prove their case or disprove their opponent's case. For example, an arrest record.

Specific laws and rules direct the subpoena process in Rhode Island. Some are outlined under Title 9 of Rhode Island General Laws. Others can be found in Rule 45 of the Superior Court Rules of Civil Procedure and Rule 17 of the Superior Court Rules of Criminal Procedure.

Generally, to subpoena an arrest record, an individual or the individual's attorney must first request a subpoena duces tecum from the court. (Forms for the request can be retrieved from the state judiciary's website or a court clerk's office.) For the subpoena to be enforceable within the state, an authorized officer must issue and sign it. In civil and criminal court proceedings, the officer can be the court clerk, judge, justice of the peace, a Rhode Island admitted attorney, notary public, or other officer permitted by statute.

Once the subpoena is issued, the next step is to serve it on the custodian of the arrest record. Service can be performed by the Sheriff's Department (a sheriff or deputy sheriff) or a non-party to the case above age 18. Typically, service fees apply.

Per the law, each subpoena duces tecum states the issuing court's name, the title of the pending action, and a command to produce original records or copies within a specified time. Failure to comply with a subpoena can be deemed a contempt of the court.

Note, however, that an individual should be able to obtain a copy of a Rhode Island arrest record from law enforcement without requiring a subpoena. Also, legal processes can change, and the court may quash or modify an unreasonable or oppressive subpoena. Hence, legal advice may be vital to ensuring that one follows the right processes when subpoenaing an arrest record in Rhode Island.

How to Search for an Inmate in the Rhode Island Prison System

The Rhode Island Prison System consists of seven facilities used to house people who have been detained, committed, or sentenced in the state (despite the crime or sentence length).

The responsibility of running the prison system rests with the Rhode Island Department of Corrections (RIDOC). Hence, anyone who wants to find an inmate in Rhode Island - regardless of the county where the person was arrested or incarcerated - can search the department's Inmate Lookup site.

The site allows remote access to some inmate information contained in RIDOC records. Any of the following search criteria can be used to retrieve that information:

• Inmate ID
• Last name
• First name

Searchers can also use certain data about an inmate to filter the search results, such as name type (real, alias, or both), race, sex, minimum and maximum age, and last known city.

Below are the results of a RIDOC inmate search:

• Inmate ID
• Name (first, middle initial, and last)
• Name type (alias or real)
• Race
• Sex
• Age
• Last residence
• Location
• The inmate's sentences (including count, sentencing date, sentence status, and good time release date)
• The inmate's charges (including case number, bail type, bail amount, disposition, description of the crime, and disposition date)

How Do I Find Out if Someone Was in Jail in Rhode Island

Rhode Island operates a unified correctional system. There are no local jails. Hence, the Rhode Island Department of Corrections should be contacted to determine if someone was arrested or has served their full sentence.

Though the department provides an inmate search tool (as explained in the previous section), the tool only disseminates data about present inmates. The arresting police department may also provide information on those who have been previously arrested or detained in Rhode Island.

How Long Do Rhode Island Arrest Records Stay on File?

In Rhode Island, the State Archives & Public Records Administration, a division of the Secretary of State (SOS), develops record retention schedules for state and local agencies. The schedule outlines the minimum retention periods for records in the possession, custody, or control of agencies. It provides a means for agencies to legally and effectively dispose of their records.

According to these retention schedules, local police departments and the state police must keep arrest records as follows:

• Arrest booking log: This log may include an arrestee's name, address, sex, birth date, offense, arrest date, complaint report number, the arresting officer, arrest booking number. The arrest booking log is retained for three years after the last entry.
• Arrest booking card: This may be used as an index for arrest files/records and may contain the arrestee's name, address, arrest booking/BCI number, sex, physical description, occupation, offense, case disposition, and complaint report number. An arrest booking card has the same retention period as an arrest file.
• Arrest files/records: This is a cumulative record for each arrested adult, which may include cover and face sheets, witness statements, processing reports, property records, rap sheets, disposition records, etc. Arrest files are retained until the subject is known to be dead or presumed dead at 85 years old.

However, no arrest record is automatically destroyed upon reaching its retention period. All agencies must first request authorization from the State Archives & Public Records Administration by submitting a Certification of Records Destruction (CRD) form (see the Records Retention Schedules page for more information). Until the CRD is returned, the record cannot be destroyed.

How to Obtain Arrest Records for Free in Rhode Island?

Law enforcement agencies in Rhode Island do not maintain online databases that allow the retrieval of arrest records for free. Typically, an interested party must pay a fee to the appropriate police department or the Rhode Island Bureau of Criminal Identification to obtain an arrest record.

How to Search for a Rhode Island Arrest Record Online Using a Third-Party Search Service

Sometimes, an individual may find it difficult to obtain a Rhode Island arrest record. Perhaps the person is unsure of the right police department to query for the record or requires the record without delay. When this happens, a third-party search service (or background check provider) may prove helpful.

By using a third-party search service, an individual has access to a great deal of information, sourced from government repositories and databases. Searches can be carried out by visiting the service provider's online site and entering the subject of the record's first or last name into a search field. With one click, a person can search the entire state for public records relating to an arrest. However, a fee is typically required in exchange for the service.

How to Correct an Arrest Record in Rhode Island

An individual who finds a mistake on their Rhode Island arrest record should challenge the record. This may entail submitting documentation to the relevant criminal justice agency to dispute the error.

The agency can be contacted for information on correcting such mistakes. If the error was found in a background check, record challenges should be directed to the Bureau of Criminal Identification at (401) 274-4400.

How to Expunge Arrest Records in Rhode Island

An expungement is a legal procedure by which an arrest or conviction record is hidden from public review or destroyed. Rhode Island's expungement process is governed by R.I. Gen. Laws § 12-1.3-1 et seq.

Persons who can expunge their arrest records in Rhode Island include:

• First offenders: If a first offense led to a misdemeanor conviction, the offender must wait five years from the date their sentence was completed to file for expungement. If it resulted in a felony conviction, the waiting period is ten years. Note that a first offender is only eligible for expungement if:
  • All court-imposed financial obligations have been met
  • The conviction is not a crime of violence as defined by R.I. Gen. Laws § 12-1.3-1(1). For example, murder, first-degree arson, manslaughter, sexual assault, kidnapping with intent to extort, larceny, etc.
• People convicted of more than one misdemeanor but less than six misdemeanors: In this case, the filing party must wait ten years from the date their sentence was completed to file for expungement.
• Those who completed deferred sentences: Here, the individual can immediately file a motion for expungement once the deferred sentence is completed.

The Attorney General's Office also provides an online form that prospective petitioners can fill to determine their eligibility.

To begin the expungement process, an individual must file a Motion to Expunge or Seal Record with the court (see form from the Superior Court). Once filed, the court will fix a hearing for the motion according to R.I. Gen. Laws § 12-1-3-3.

If the court grants the motion, the movant will be freed from all disabilities and penalties resulting from the conviction. Furthermore, the party can honestly state in any job application that they have never been arrested or convicted of the expunged crime, except when it involves:

• A law enforcement agency position
• Admission to the bar of any court
• An application for a teaching or coaching certificate
• An employee or operator position at an early childhood education facility

Rhode Island also permits the sealing of arrest records of people who were wrongfully arrested due to mistaken identity or for any other reason. Per R.I. Gen. Laws § 12-1-12.2, any law enforcement agency that finds a person was detained wrongfully must seal all related arrest records within 60 days of the discovery and destroy all identifying information (including photographs and fingerprints). Within those 60 days, the agency must also notify other state or federal agencies who received the record. For example, the Bureau of Criminal Identification and National Crime Information Identity Center.