Rhode Island
Rhode Island
Final grade: B
Exclusion Grade
B+
Relevance Grade
A-
Due Process Grade
D
Strengths
- Blocks boards from using arrests, as well as annulled and expunged records to disqualify applicants.
- Boards must evaluate multiple factors, including any evidence of rehabilitation, personal testimonials, and the time elapsed since the crime, for an ex-offender’s license application.
Areas of Improvement
- Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.
Updated July 2020
In 2020, Rhode Island enacted its first overarching state law to shield ex-offenders during the licensing process. Previously, Rhode Island was tied for dead last for its utter lack of protections.
A 2021 reform repealed provisions that authorized disqualification based on offenses of “moral turpitude,” though curiously, the reform doesn’t stop boards from using “good moral character” to disqualify applicants.
R.I. Gen. Laws §28-5.1-14
Exclusion
| Overarching ban on blanket bans | Yes |
| Ban on considering arrest records | Yes |
| Ban on considering post-conviction relief records | Yes, annulled and expunged records |
| Time limit | No limit |
| Ban on vague, discretionary character standards | No, but the state repealed disqualifying based on crimes of moral turpitude for multiple licenses |
Relevance
| Relationship between the crime and the license sought | "Substantially related" |
| Required factors for consideration | |
| Rehabilitation | Yes |
| Time elapsed since crime was committed | Yes |
| Age when crime was committed | Yes |
| Employment History | No |
| Testimonials | Yes |
Due Process
| Petition Process | No |
| Burden of Proof | Both unspecified |
| Right to appeal | Yes |
| Written notice requirement | Yes |