State v. Badessa

869 A.2d 61, 2005 R.I. LEXIS 39, 2005 WL 466052
CourtSupreme Court of Rhode Island
DecidedMarch 1, 2005
Docket2004-180-M.P.
StatusPublished
Cited by14 cases

This text of 869 A.2d 61 (State v. Badessa) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Badessa, 869 A.2d 61, 2005 R.I. LEXIS 39, 2005 WL 466052 (R.I. 2005).

Opinion

OPINION

PER CURIAM.

“A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.” — Mr. Justice Holmes 1

Who is a “first offender” for the purposes of the expungement statutes as codified at G.L.1956 §§ 12-1.3-1 to 12-1.3-3? Does the term “first offender” as defined in § 12-1.3-1(3) mean an individual with one and only one conviction, or does it apply to an individual attempting to expunge a first conviction, despite the presence of subsequent convictions on his record? The State of Rhode Island (state) urges this Court to quash three separate Superior Court orders expunging certain criminal records of the respondents, Jerry T. Badessa, David W. Brunetti, and Brian L. Dexter. On October 12, 2004, this Court granted the state’s petition for writ of certiorari. We heard this case on February 1, 2005, pursuant to an order directing all parties to appear and show cause why the issues raised should not summarily be decided. After considering the arguments of counsel and examining the memo-randa filed by the parties, we are of the opinion that cause has not been shown, and we will proceed to decide the case at this time. For the reasons stated below, we agree with the arguments made by the state and vacate the orders of the Superior Court.

Facts and Procedural History

The three respondents in this case each sought the expungement of certain prior criminal records pursuant to G.L.1956 §§ 12-1.3-1 through 12-1.3-3. 2 At a hear *63 ing held on April 12, 2004, the hearing justice granted respondents’ motions for expungement over the state’s objections that respondents did not qualify as first offenders under the relevant statutes. Respondent Badessa sought expungement of two convictions, one a July 8, 1993 conviction for trespass, and the other a May 15, 1995 conviction for simple assault. However, Badessa’s record includes several other convictions, both before and after those that have been expunged by the Superior Court, including a 1985 conviction for simple assault, a 1987 conviction for possession of a controlled substance, convictions in both 1990 and 1991 for shoplifting, and, most recently, a 1996 charge for assault with intent to commit robbery. 3 Similarly, respondent David Brunetti’s record consists of both the expunged December 8, 1988 conviction for third-degree sexual assault, and a 1989 conviction for marijuana possession. Respondent Dexter’s record *64 is likewise blemished by convictions other than those he seeks to expunge. In addition to the June 5, 1978 conviction for leaving the scene of an accident, and the January 15, 1982 conviction for possession of a controlled substance, both of which were expunged by the Superior Court, Dexter’s record includes a 1982 conviction for driving under the influence, and a 1982 conviction for possession of a controlled substance.

In three separate hearings held on April 12, 2004, each respondent sought the expungement of convictions that did not, in the state’s view, satisfy the statutory requirement that expungement is available only to first offenders. Despite the state’s objections, the trial justice held,' in regard to each respondent, that subsequent convictions did not automatically bar expungement of first offenses. Instead, the hearing justice interpreted the expungement statutes as giving great discretion to the court in determining whether a particular person has sufficiently rehabilitated himself or herself to warrant expungement, irrespective of either previous or subsequent convictions. 4 In response to the hearing justice’s actions in these three cases, the state petitioned this Court for a writ of certiorari, which was issued on October 12, 2004. The state argues that because each of the respondents lacked legal standing to file his motion to expunge, there never was a justiciable matter before the court. As such, the state requests that this Court vacate the orders entered by the Superior Court.

"Although the Superior Court possesses jurisdiction to entertain actions of this kind [expungement], the Legislature has established a specific statutory scheme for maintaining, handling, expunging, and sealing BCI records that are under the control of the Attorney General. * * * [Tjhe Superior Court possesses no specific statutory authority to eradicate entries relating to criminal matters from a BCI report unless the request for relief in that regard falls within the criteria set out by the Legislature. If the Superior Court possessed the inherent power to disregard the specific criteria and limitations on the expungement and sealing of BCI records that are set forth in the statute, then those criteria and limitations would be rendered nugatory.” State v. Manocchio, 743 A.2d 555, 557-58 (R.I.2000).

Standard of Review

“Article XII of amendments to our state constitution specifically reserves to this [C]ourt the power to exercise ‘final revisory and appellate jurisdiction upon all questions of law and equity.’ * * * Review is discretionary and generally accomplished by way of the common law writ of certiorari.” Lynch v. King, 120 R.I. 868, 873, 391 A.2d 117, 120-21 (1978). “Our review on a writ of certiorari is restricted to an examination of the record to determine whether any competent evidence supports the decision and whether the decision maker made any errors of law in that ruling.” Asadoorian v. Warwick School Committee, 691 A.2d 573, 577 (R.I.1997); see also Brouillette v. Department of Employment and Training Board of Review, 677 A.2d 1344, 1346 (R.I.1996). Here we have been asked to interpret the applicability of the expungement statutes. Questions of statutory interpretation are reviewed de novo by this Court. Webster v. Perrotta, 774 A.2d 68, 75 (R.I.2001).

Analysis

Central to the disposition of this case is the determination of who meets the definition of “first offender” under § 12-1.3 — 1(3). As defined in the statute, a first offender is one who “has been convicted of *65 a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.” A first offender may file a motion for expungement of his criminal record after fulfilling further statutory requirements that mandate five and ten year waiting periods for misdemeanor and felony convictions, respectively. Section 12-1.3-2.

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Bluebook (online)
869 A.2d 61, 2005 R.I. LEXIS 39, 2005 WL 466052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-badessa-ri-2005.