AG U97-01.

• Case Date: November 13, 1997
• Court: Rhode Island

Rhode Island Attorney General Opinions 1997. AG U97-01. UNOFFICIAL OPINION U97-01November 13, 1997John X. Donahue, ChiefHealth Systems Development Department of Health Cannon Building Three Capitol Hill Providence, RI 02908 Dear Mr. Donahue: You have requested an advisory opinion concerning the obligations of the Department of Health ("DOH") with respect to an applicant whose criminal record has been expunged. More specifically, you have asked whether DOH must remove references in the public record to the criminal background of the applicant. In addition, you ask whether DOH was precluded from considering the applicant's prior criminal record in acting on his application. As a preliminary matter, please note that this Department has taken no independent action to confirm or deny whether the applicant has prior criminal arrests or convictions. Our opinion is based solely on the documents you have provided to us. The pertinent facts are as follows. Some time prior to May, 1997, the individual in question filed an initial application for a license to establish a home health agency and outpatient hospice provider. Review of the application commenced on May 1, 1997 by the Health Services Council. During the course of review, the Council became aware that the applicant may have been involved in previous criminal activity. The Council therefore wrote to the applicant on June 13, 1997 and requested further information including, but not limited to, information concerning any prior criminal convictions. The applicant responded by letter, indicating he had "never been involved in criminal offense in any shape or form" but that there was another individual with his same name who had been arrested for insurance fraud in 1991. Upon further inquiry from DOH, the applicant, on June 17, provided copies of what appear to be two separate Motions to Expunge criminal matters relating to himself. One Motion to Expunge relates to an arraignment on March 19, 1994 for passing a bad check. That charge had been dismissed. The Motion reflects a hearing date on June 26, 1997. The second Motion to Expunge, scheduled for hearing on July 1, 1997, relates to an arraignment on August 8, 1986 for loitering for indecent purposes. That charge had been "filed". On June 26, 1997, the Project Review Committee met to review the applications. The applicant was in...