Guam: Adult Diversion/Deferral Program (GU-D-1)

Records relating to arrest and court proceedings can be expunged by the court following dismissal pursuant to deferred adjudication in a first controlled substance possession case. 9 GCA § 67.412.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to controlled substance possession, excluding methamphetamine. 9 GCA §§ 67.412, 67.412.1.

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see 9 GCA §§ 67.412 et seq.

Fees

There is no statutory language regarding fees.

Effect

The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. 9 GCA § 67.412(b).

Waiting Periods

There is no statutory language regarding a waiting period.

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