In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Rhode Island, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, there are specific instances where these records can be expunged or sealed. Expungement effectively erases the record, while sealing restricts its accessibility, making it unavailable to private parties but still accessible to certain government agencies. Rhode Island law provides for the expungement of criminal records under certain conditions, such as the completion of the sentence and the passage of a specified period without new offenses. Sealing of records may occur in cases involving juveniles or for reasons of privacy and safety, such as protecting victims or witnesses. Additionally, certain records like unexecuted warrants, juvenile records, and documents revealing defense strategies are not typically public. Judges in Rhode Island also have the discretion to seal additional documents or close hearings to protect ongoing investigations, due process rights, or national security. The specific statutes governing the sealing or nondisclosure of criminal records in Rhode Island can be found within the state's statutes, and the process may vary based on the nature of the offense and other legal considerations.