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American Samoa: Juvenile Court Records and Law Enforcement Records (AS-AR-5)

American Samoa: Juvenile Court Records and Law Enforcement Records (AS-AR-5)

Records relating to a delinquency petition that were dismissed because the evidence was insufficient, may be expunged immediately. Am. Samoa Code Ann. § 45.0143.
Record Detail(s)
Charges dismissed
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Discretionary
Hearing
No statutory language
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
For specific procedure, see Am. Samoa Code Ann. § 45.0143.
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 petition may be filed immediately upon dismissal.

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