American Samoa: Juvenile Court Records and Law Enforcement Records (AS-AR-4)

Records relating to any delinquency matter having come under the jurisdiction of the Court may be expunged by the Court on its own motion or on the motion of the juvenile officer. Am. Samoa Code Ann. § 45.0142(a).

Record Detail(s)

Charges not adjudicated

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

By petition or court's own motion

Remedy

Expunge

Ineligible Category or Citation

To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c).

Procedure General

The Court, on its own motion or on the motion of the juvenile officer, may initiate expungement proceedings concerning the record of any child who has been under the jurisdiction of the Court. For specific procedure, see Am. Samoa Code Ann. § 45.0142.

Fees

No statutory language.

Effect

Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d).

Waiting Periods

The Court may order the expungement two years after the date of termination of the Court's jurisdiction over the person, or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau. Am. Samoa Code Ann. § 45.0142(a).

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