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State v. Badessa3/1/2005
"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
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 memoranda 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. At a hearing 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. 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 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 expungment 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. In response to the hearing justice's actions in these three cases, the state petitioned this Court for a writ of certio
Page 1 2 3 4 Rhode Island DUI Attorneys
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