State v. Gervais

Supreme Court of Rhode Island

State v. Gervais

607 A.2d 881, 1992 R.I. LEXIS 232, 1992 WL 109995

CourtSupreme Court of Rhode Island

DecidedMay 14, 1992

Docket91-347-C.A.

StatusPublished

Cited by3 cases

This text of 607 A.2d 881 (State v. Gervais) 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. Gervais, 607 A.2d 881, 1992 R.I. LEXIS 232, 1992 WL 109995 (R.I. 1992).

Pincite

Opinion

ORDER

On May 6, 1992, this matter came before the Supreme Court pursuant to an order requiring both parties to appear and show cause why the defendant’s appeal should not be summarily decided.

After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, it is the conclusion of this court that no cause has been shown. Expungement of records and records of conviction may occur within forty-five days only when a person “is acquitted or otherwise exonerated from the offense with which he or she is charged.” General Laws 1956 (1981 Reenactment) § 12-1-12. *882 A plea of nolo contendere and a successfully served term of probation, while not constituting a conviction under § 12-18-3, remains as a record and does not constitute exoneration of that charge. The term for expungement of the record in this case therefore remains at ten years. The issue involved in the relief sought by the defendant is more appropriately addressed by the Legislature.

The defendant’s appeal is therefore denied and dismissed,

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

On May 6, 1992, this matter came before the Supreme Court pursuant to an order requiring both parties to appear and show cause why the defendant’s appeal should not be summarily decided.

After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, it is the conclusion of this court that no cause has been shown. Expungement of records and records of conviction may occur within forty-five days only when a person “is acquitted or otherwise exonerated from the offense with which he or she is charged.” General Laws 1956 (1981 Reenactment) § 12-1-12. *882 A plea of nolo contendere and a successfully served term of probation, while not constituting a conviction under § 12-18-3, remains as a record and does not constitute exoneration of that charge. The term for expungement of the record in this case therefore remains at ten years. The issue involved in the relief sought by the defendant is more appropriately addressed by the Legislature.

The defendant’s appeal is therefore denied and dismissed,

Cite This Page — Counsel Stack

Bluebook (online)

607 A.2d 881, 1992 R.I. LEXIS 232, 1992 WL 109995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gervais-ri-1992.

Opinion

Related

Cite This Page — Counsel Stack