Who is usually at fault in a rear-end collision in Rhode Island?

In most cases, the driver who hits another vehicle from behind is at fault because Rhode Island law requires drivers to maintain a safe following distance. However, the lead driver can share fault if they stopped suddenly, had broken brake lights, or reversed unexpectedly.

Can both drivers share fault for a rear-end accident?

Yes. Rhode Island uses a pure comparative negligence system, meaning both drivers can share blame. Even if you were partly responsible, you may still recover compensation—reduced by your percentage of fault.

How do insurance companies determine fault in a rear-end crash?

Insurance adjusters review police reports, photos, damage patterns, and witness statements. Their assessment isn’t final, so having an attorney review their findings can help protect your claim.

Should I speak to the insurance company before hiring a lawyer?

It’s best to consult a personal injury attorney first. Insurance companies aim to minimize payouts, and a lawyer can help you avoid saying anything that might hurt your case.

What compensation can I receive if I was injured in a rear-end accident?

Depending on your injuries, you may be entitled to compensation for medical expenses, lost income, vehicle repairs, pain and suffering, and future medical care.

How long do I have to file a car accident claim in Rhode Island?

Generally, you have three years from the date of the accident to file a personal injury claim under Rhode Island law. It’s best to contact a lawyer as soon as possible to preserve evidence.

Can You Expunge a DUI in Rhode Island?

Ann Sheeley
20 hours ago
4 min read

Many people are surprised by how long a DUI can continue to affect job opportunities,

housing, and financial assistance—even years after a case is over. If you’re still running into roadblocks because of a past DUI or chemical test refusal, you may be wondering whether there’s anything you can do to clear or protect your record. In Rhode Island, it may be possible to expunge or seal a DUI record if certain criteria are met.

As part of our #CleanSlateSeries, Attorney Ann Sheeley breaks down eligibility requirements and your options below. If you have other criminal charges on your record, click here to read our full guide on expunging your criminal record.

It is important to know that both expungement and record sealing are evaluated on a case-by-case basis. This is why you should consult with an attorney experienced in both Rhode Island DUI law and expungement procedures.

Sheeley Law has helped thousands of Rhode Islanders expunge or seal their records and is available 24/7 for a free consultation.

When Can You Expunge a DUI in Rhode Island?

In general, a misdemeanor DUI conviction may be eligible for expungement in Rhode Island if:

At least five (5) years have passed since completion of your sentence, including probation
You have no additional criminal convictions during the waiting period
You have no pending criminal cases
All fines, fees, and court-ordered conditions have been satisfied
You can demonstrate good moral character, as determined by the court

Even when these criteria are met, the court will review your case and a judge will ultimately decide whether to grant expungement.

Dismissed or Not-Guilty DUI Cases

If your DUI charge was dismissed, filed with no conviction, or resulted in a not-guilty verdict, you may be eligible to pursue expungement or record sealing sooner, since there is no conviction on your record. These cases are often more straightforward, but eligibility still depends on timing and overall case history.

Chemical Test Refusals

A chemical test refusal (refusing a breath, blood, or urine test) is handled separately from a DUI conviction in Rhode Island, and it can carry serious consequences of its own. As with DUI convictions, not all chemical test refusals qualify for expungement. However, record sealing may still be an option to prevent employers, landlords, and the public from seeing the case on most background checks.

When a DUI May Not Be Eligible for Expungement?

Factors that may limit eligibility include:

Multiple DUI convictions
Certain felony DUI charges
Failure to meet the required waiting period
Additional criminal convictions during the waiting period

Felony DUI convictions are subject to stricter requirements and typically involve a longer waiting period—often ten (10) years after sentence completion—if eligible at all.

Can Marijuana or Drug-Related DUIs be Expunged?

Rhode Island law treats alcohol-related and drug-related DUIs, including marijuana, similarly for expungement and sealing purposes. The fact that marijuana is legal in Rhode Island does not automatically make a marijuana DUI eligible for expungement. Eligibility depends on the charge, outcome, number of offenses, and criminal history, just like alcohol-related DUIs.

Record Sealing: A Beneficial Alternative

Even if a DUI conviction cannot be expunged, record sealing may still provide meaningful protection. When a DUI record is sealed in Rhode Island:

Employers, landlords, lenders and the general public cannot see the DUI on standard background checks
Law enforcement and certain government agencies may still have access

For many people, record sealing significantly reduces the impact a DUI has on employment, housing, and privacy—and can be a beneficial option when expungement is not available.

Bottom Line

If a past DUI is haunting you, it is worth having an experienced Rhode Island Expungement Attorney, such as Ann Sheely, review your record. Even if expungement is not an option, sealing may still protect your privacy by preventing employers, landlords, and the general public from seeing a past DUI.

At Sheeley Law, we carefully review your record and provide clear, honest guidance about your options — guiding you every step of the way to ensure the best possible outcome. Contact us for a free, confidential consultation at 401-619-5555 or email asheeley@sheeleylaw.com.

❓Frequently Asked Questions about Expungement in Rhode Island

Q: How long does expungement take in Rhode Island?

A: Most expungements take between 30 and 90 days, depending on court scheduling and the complexity of your case.

Q: Can I expunge a DUI in Rhode Island?

A: Sometimes. Certain DUI cases may be eligible for expungement depending on the outcome of the case, the number of offenses, and how much time has passed since completion of the sentence. Eligibility is determined on a case-by-case basis. If expungement is not available, record sealing can may be a beneficial option as it prevents employers, landlords, and the public from seeing the DUI on most background checks.

Q: Can I expunge a marijuana-related offense?

A: Certain marijuana possession offenses may be eligible for expungement, while convictions for driving under the influence of marijuana are not. An attorney can review your specific case to determine eligibility.

Q: Will my record show up on background checks after expungement?

A: No. Once your record is expunged, it should no longer appear on standard background checks used by employers, landlords, or schools.

Q: Do I need a lawyer to file for expungement?

A: While you can file on your own, it is a complex process. Working with an experienced attorney like Ann Sheeley ensures your paperwork is handled correctly and that you meet all eligibility requirements.