Rhode Island Arrest Records

In recent years, law enforcement agencies across Rhode Island report up to 22,000 arrests annually. Simple assaults account for the highest arrest recorded in the state, with up to 3,600 (16.4%) incidents. It is followed by driving under the influence and disorderly conduct at 2,650 (12%) and 1,995 (9%) arrests per year. On the other hand, arrests from burglary and motor vehicle theft amounted to 2% and 1% of the total arrests made for the period.

During the same period, the arrest rate reported in the state was 2,019.14 arrests per 100,000 residents. Rhode Island's arrest rate is lower than the national average at 2,181.7 per 100,000 people. Rhode Island neighbors Connecticut, Massachusetts, and New York have one of the lowest arrest rates in the United States. Connecticut has an arrest rate of 2,039.36 arrests per 100,000 residents, while New York's is 1,517.09 arrests per 100,000 persons. Massachusetts has the lowest arrest rate in the US, with 1,205.76 arrests per 100,000 people.

What Is an Arrest Under Rhode Island Law?

Rhode Island defines arrests under Section 12-7-7 of the Rhode Island General Laws. Generally , arrests refer to the physical restraining and taking of a person into custody or the wilful submission of a person into the custody of the person making the arrest.

Type of Arrests in Rhode Island

In Rhode Island, arrests typically fall under two broad categories: Warrant Arrests and Warrantless Arrests.

Warrant Arrests

A warrant arrest occurs when law enforcement officers obtain an arrest warrant from a judge before detaining and taking a person into custody. Usually, a judge or magistrate issues the warrant based on facts and evidence the police officers present. The officers must show probable cause to convince the judge that a specific individual has committed a crime.

Warrantless Arrests

Warrantless arrests occur when a police officer detains an individual, placing them in custody without obtaining a warrant from a judge or magistrate. Warrantless occurs when a police officer has reasonable grounds to believe that a crime was committed and that the person is responsible.

Other types of warrants are issued in Rhode Island to address specific legal situations. They typically include:

• Bench Warrants: A bench warrant is issued by a judge authorizing a person's arrests when they fail to comply with a previous court order or to honor a prior court appearance. A bench warrant is a legal mechanism to arrest and detain a person in jail until they appear in court
• Search Warrants: Search warrants permit law enforcement officers to search a specified location for evidence of a crime. A judge issues search warrants based on probable cause presented by police officers that evidence of a crime may be found at that specific location
• Capias Warrants: A capias warrant is issued in civil cases such as debt collection or child support. A judge issues a capias warrant to compel someone to appear in court for failure to respond to a court order or summons in a civil case
• Extradition Warrants: Judges grant extradition warrants when someone wanted for crimes in another state resides in Rhode Island. The warrant permits law enforcement to arrest and return the person to the state they are wanted to face charges
• No-Knock Warrant: A judge issues a no-knock warrant permitting law enforcement officers to enter a property without announcing their presence. Usually, no-knock warrants are issued when alerting the occupants might lead to the destruction of evidence or put police officers in harm's way

What Are Rhode Island Arrests Records?

Rhode Island arrest records are official documents detailing the circumstances leading to a person's arrest by law enforcement. Arrest records are generally created when police officers take a person into custody for a suspected crime. Arrest records are created at the point of arrest and include information about the arrest, personal information of the person arrested, and the charges. Typically specific details included in an arrest record include:

• Personal information such as the full name, date of birth, address, and physical description of the arrested individual
• The arrest details, including the date and time of the arrests, location of the arrests, charges filed, type of arrest, bail or bond information, fingerprint, mugshot, and arresting officer's name and badge number
• The incident report detailing the circumstances of the arrest, witness statements, and evidence collected at the scene

Although arrest and criminal records are closely related, they serve different purposes. Arrest records typically document the event of an arrest and contain information about the arrest itself. However, arrest records do not confirm guilt or a criminal conviction. Criminal records are generally comprehensive records documenting an individual's history with the criminal justice system. Criminal record includes information on the charges, court proceedings, and convictions. They may contain arrest records but go further by including the outcome of the legal process.

How Can Arrest Records Be Accessed in Rhode Island?

Arrest records are public in Rhode Island. The Rhode Island Access to Public Records Act provides the legal framework for accessing arrest records in the state. Per Section 38-2-3 of the Act, all records maintained and kept by any public body, including law enforcement agencies, are public records, open for inspection and copying by anyone. While the law generally allows inspecting arrest records, some records are exempted to protect personal privacy or sensitive information. Arrest records related to ongoing criminal investigations, juvenile records, sealed or expunged records, and crime victim information are inaccessible to the public.

Although confidential arrest records are closed to the public, certain entities may still access the arrest documents. Law enforcement agencies may access restricted arrest records to solve cases or maintain public safety. The courts and court officials may view all arrest records, including sealed or expunged arrest records, to ensure fair trials or determine appropriate sentencing. Some employers, especially those in sensitive industries such as healthcare or childcare, may access restricted arrest records as part of background checks required by law to ensure the safety of vulnerable persons. Parole and probation officers may view arrest records to ensure offenders comply with the conditions of their release.

There are several ways of accessing arrest records In Rhode Island. Generally, records seekers are accessible at the state, local, and court levels.

Rhode Island Attorney General's Bureau of Criminal Identification (BCI)

The Rhode Island Attorney General's BCI offers a central repository for accessing criminal background records checks, which includes arrest records. Record seekers may visit the BCI to access the records. The office requires a government-issued photo identification to obtain the records. Also, arrest records from the BCI are accessible by mail. Mail requests may include a signed, notarized release form and a valid photo identification. Other requirements include a check or money order for the fees and a self-addressed and stamped envelope. The physical and mail address is at:

Rhode Island Office of the Attorney General

4 Howard Avenue

Cranston, RI 02920

Local Law Enforcement Agencies

The local police departments and county sheriff's offices across Rhode Island maintain records of all arrests recorded within their jurisdictions. Persons seeking arrest records from local law enforcement agencies may contact the specific police department in the city or town where the arrest occurred. Some law enforcement agencies provide access to arrest records through online resources, while others offer walk-in service or mail requests for arrest records through the records division.

The Courts

The courts maintain records of arrests that lead to criminal charges and legal proceedings as part of criminal case files. The court keeps information on the arrest, charges, and legal outcomes of the case. The Rhode Island Judiciary provides access to court records, including arrest records, through the Rhode Island Judiciary Public Portal. Alternatively, the clerk of courts maintains court records and grants access to the records in person or through mail requests.

How Long Will an Arrest Report Stay on Your Rhode Island Records?

Generally, an arrest report stays on a person's record indefinitely until the record holder seals or expunges the record. All arrest reports, whether it leads to a conviction or not, remain visible on background checks. Also, Rhode Island does not automatically erase or wipe off arrest records after a certain period. An arrest report stays on a person's records permanently unless the record holder actively files for expungement.

Can You Expunge Your Arrest Records in Rhode Island?

Rhode Island law generally permits persons with an arrest record to seal or expunge the records. Per Section 12-1.3-1 of the Rhode Island General Laws, expungement is the legal process that allows certain arrest records to be sealed or removed. When an arrest record is expunged in the eyes of the law, it is as though the arrest never happened, and will no longer show up on background checks. Not all arrest records qualify for expungement in Rhode Island. Expunging arrest records depends on the nature of the case and arrest history. The eligibility requirements for expunging arrest records typically include:

• The arrest did not result in a conviction. The charges were dismissed or the person was acquitted
• Persons convicted for a first-time misdemeanor may apply for expungement after 5 years of completing the sentences
• First-time felony convictions may apply to expunge the arrest record 10 years after completing the sentence

After confirming eligibility to expunge arrest records, the record holder may file a petition for expungement with the courts that handled the case. After filing, the courts schedule a hearing to review the case by the judges to determine whether to grant the request to erase the records. After the hearing, the judge may approve or deny the requests to delete the arrest records. If approved, the arrest records will be expunged, effectively removing it from public view. Persons whose arrests result in acquittal may petition the courts to have their arrest records expunged immediately. There is no waiting period, and the individual may start the process immediately when the case is over.

Is Citizen's Arrest Legal in Rhode Island?

Yes. Citizen's arrest is legal in Rhode Island. Citizen arrest occurs when a civilian detains another they believe has committed a crime. Although no express statutes in Rhode Island permit private citizens to detain another, the courts in Rhode Island have ruled that the common law rule allowing citizens arrested for felonies applies. The common law principle stipulates that arrests by private individuals are legal where there is reasonable cause to believe that a felony offense was committed and the person arrested committed the crime. Generally, for a citizen arrest to be lawful in Rhode Island, the following conditions must be met:

• The crime must be a felony. Rhode Island law limits citizens' arrests to felony crimes
• The arresting party must have probable cause. Either they witnessed the felony in progress or have a reasonable belief based on facts that a felony was committed
• The citizen arrest should happen immediately after the crime takes place
• The arresting citizen informs law enforcement immediately after detaining the suspect

There are instances where police officers may conduct citizen's arrests in Rhode Island. Typically, off-duty and out-of-jurisdiction officers may exercise their authority to enforce the law and arrest persons suspected of committing felony crimes under the same conditions governing private citizen arrests.

Citizen arrest is disparate from false arrest. A citizen arrest happens when a private citizen detains another to answer for crimes committed. Citizen arrest is legal and requires probable cause. A false arrest, on the other hand, is the unlawful detention of another without legal justification. Usually, probable cause does not exist in false arrests. False arrest is illegal. Persons making false arrests may be sued for false imprisonment, face criminal charges, or be held responsible for damages caused to the arrested individual.

How to Look Up Arrest Warrants in Rhode Island

Arrest warrants are generally accessible through official and third-party channels. Here's how to look up arrest warrants in Rhode Island. The courts are a great resource to access arrest warrants. Typically, all arrests resulting in legal proceedings will have arrest warrants as part of the document case files. Record seekers may access the record online through the Rhode Island Judiciary online portal. Typically, court records contain information on active warrants connected to a court case. Also, contacting the Clerk of the Court office where the warrant was issued is another way of accessing arrest records. The Clerk's office maintains records of court proceedings and grants access to information on active warrants.

Arrest warrants are also available at local law enforcement agencies throughout the state. Interested persons may visit or mail requests to the police department or sheriff's office to look up arrest warrant information. Some law enforcement agencies provide online access to look up active warrants on their websites. The Rhode Island State Police maintains a Most Wanted List, which typically includes individuals with outstanding warrants. The web tool is a helpful resource to check if someone with a felony warrant is publicly listed.

In addition to official government portals, third-party websites typically permit searches for arrest warrants and other public records. These platforms aggregate data from various sources, including the courts, government agencies, and public databases.