Guam: Adult Non-Conviction Arrests (GU-NC-1)

Records relating to arrest and court proceedings are expunged upon acquittal, declined prosecution, or expiration of the limitations period without an action being commenced. 8 GCA § 11.10.

Record Detail(s)

Factual innocence

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

A felony offense involving violence may not be expunged. An offense requiring sex offender registration may not be expunged until the offender's name is removed from the registry. 8 GCA § 11.10.

Procedure General

The pardon must be presented to the custodian of the record. For specific procedure, see 8 GCA §§ 11.10 et seq.

Fees

There is no statutory language regarding fees.

Effect

Records are sealed to all persons outside of the law enforcement agencies of Guam and federal agencies entitled to examine them. Such agencies refuse to admit the existence of such records to persons not entitled to examine them. 8 GCA § 11.11.

Waiting Periods

There is no statutory language regarding a waiting period.

Back to Guam