PROVIDENCE, R.I. (WPRI) — A Rhode Island Superior Court magistrate has admitted he made a mistake in a motion he granted last month to erase a criminal conviction from a North Providence man's record, 12 News has learned. During a court hearing on Monday, Rhode Island Superior Court Magistrate John McBurney said he erroneously granted a motion to expunge a charge from 35-year-old Joseph Simone's criminal record on Aug. 29. However, he acknowledged that Simone was not eligible to have his record purged of the criminal conviction. "After it was brought to my attention, I have reviewed the docket and the criminal record of Mr. Simone, as well as the affidavit in support of the motion to expunge, signed by Mr. Simone," McBurney said. "Based on my review, I have determined that I mistakenly granted the motion to expunge." Records show that Simone was charged with impersonating a police officer in 2011 and later pleaded no contest to the felony. Court records show Simone also pleaded no contest to additional felony charges — including indecent solicitation of a child and possession of child pornography — in 2014. He was sentenced to one year in prison and two years of home confinement. Although Simone was not present in court on Monday, McBurney said his attorney submitted a letter stating that Simone had no objection to the court's ruling. McBurney vacated the order and denied Simone's motion for expungement. While unfamiliar with the specifics of the case, Roger Williams University School of Law professor Andrew Horwitz explained that the expungement process is usually straightforward. He said in order to have a felony expunged, it must fall within a specific category of qualifying felonies. Defendants must also wait ten years after completing their sentence. "It has to be the only thing that's on your criminal history where you were found guilty or you acknowledged guilt," Horowitz said. 12 News reached out to the R.I. Attorney General's office and Simone's attorney for comment but has not heard back yet. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Breaking News SIGN UP NOW