The judge admits error and overturns the expungement of a North Providence man’s criminal record

PROVIDENCE, R.I. (WPRI) — A Rhode Island Supreme Court justice has admitted he made a mistake when he granted a request to remove a criminal conviction from a North Providence man’s record last month, as of April 12 News learned.

During a court hearing Monday, Rhode Island Supreme Court Justice John McBurney said he mistakenly granted a motion Aug. 29 to expunge a charge from 35-year-old Joseph Simone’s criminal record. However, he acknowledged that Simone was not entitled to have his record cleared of the criminal conviction.

“After this was brought to my attention, I reviewed Mr. Simone’s file and criminal record, as well as the affidavit signed by Mr. Simone in support of the expungement motion,” McBurney said. “Based on my review, I have concluded that I incorrectly granted the deletion request.”

Records show Simone was charged with impersonating a police officer in 2011 and later pleaded no contest to the crime.

Court records show Simone also pleaded no contest to additional offenses in 2014 – including indecent solicitation of a child and possession of child pornography. He was sentenced to one year in prison and two years of house arrest.

Although Simone was not present in court Monday, McBurney said his attorney submitted a letter stating that Simone did not object to the court’s decision.

McBurney reversed the order and denied Simone’s request for expungement.

Although he is not familiar with the details of the case, Andrew Horwitz, a professor at Roger Williams University School of Law, said the expungement process is typically straightforward. He said that in order for a crime to be eradicated, it must fall into a certain category of qualified crimes. Defendants must also wait 10 years after completing their sentence.

“It has to be the only thing in your criminal history where you have been convicted or admitted guilt,” Horowitz said.

12 News has reached out to the R.I. Attorney General’s Office and Simone’s attorney for comment but has not yet heard back.

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