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Virgin Islands

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process.   

  • If you were convicted of a misdemeanor and served less than 14 days in jail, the record can be expunged six months after you complete your sentence. The judge does not have to grant your petition. 
  • If you were convicted of a misdemeanor and served between 14 and 60 days in jail, the record can be expunged one year after you complete your sentence. The judge does not have to grant your petition. 
  • If you were convicted of a misdemeanor and served between 61 and 180 days in jail, the record can be expunged two years after you complete your sentence. The judge does not have to grant your petition. 
  • If you were convicted of a misdemeanor and served between 181 and 365 days in jail, the record can be expunged five years after you complete your sentence. The judge does not have to grant your petition. 
  • If you were arrested or convicted of a marijuana-related offense in which the amount seized is no more than two ounces, your record can be expunged by the court automatically. 
  • If you were under 21 years old at the time of an arrest or conviction for a first controlled substance possession offense and sentenced to probation, your record can be expunged upon dismissal of the charges after the successful completion of probation. 

If you were arrested and convicted of a first-time marijuana-related offense, your records can be expunged automatically by the court upon dismissal of the charges after the successful completion of probation or pretrial intervention. 

Adult criminal records for arrests for which you were never convicted are eligible for expungement. You have to file a petition in court to start the process.   

  • If your case ended in acquittal, nolle prosequi, dismissal, or the expiration of the limitations period without charges, the record can be expunged immediately. If you meet the criteria, the judge has to grant your petition. 

  Adult criminal records for cases in which you successfully completed a probation without conviction may be expunged in some situations.   

 

 

  • With certain exceptions, if you complete a probation without conviction program, the record can be expunged when your case is discharged and dismissed. If you meet the criteria, the judge should automatically expunge the record. 
  • With certain exceptions, if you complete a probation without conviction program in a first drug possession case, the record can be expunged. You have to file a petition in court to start the process. If you meet the criteria, the judge has to grant your petition. 

 

 

Adult Criminal Record Clearance Policies

Records relating to an arrest, criminal complaint, or conviction can be expunged for marijuana-related crimes or offenses where the amount seized is no more than 2 ounces in total weight. 5 V.I.C. § 3734a.
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Records relating to a marijuana conviction can be expunged by the court two years after sentence completion if the person served between 61 and 180 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(3).
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Records relating to a marijuana related conviction can be expunged by the court five years after sentence completion if the person served between 181 and 365 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(4).
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Records relating to a marijuana related conviction can be expunged by the court six months after sentence completion if the person served between 0 and 14 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2).
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Records relating to a marijuana related conviction can be expunged by the court one year after sentence completion if the person served between14 and 60 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2).
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Records relating to a misdemeanor conviction can be expunged by the court. 5 V.I.C. § 3734.
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Records relating to arrest and court proceedings can be expunged by the court upon dismissal pursuant to successful completion of probation without conviction for a first controlled substance possession offense, so long as the person was not over age 21 at the time of the offense. V.I. Code Ann. tit. 19, § 607(b).
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Records relating to an arrest and court proceedings are expunged by the court upon dismissal after the successful completion of probation without conviction for a first offense. V.I. Code Ann. tit. 5, § 3711(c).
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Records relating to an arrest and court proceedings can be expunged by the court upon the successful completion of pretrial intervention, nolle prosequi, dismissal with prejudice, or the expiration of the limitations period without charges. V.I. Code Ann. tit. 5, §§ 3732, 3733.
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be sealed or expunged in the U.S. Virgin Islands. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

Read the legal policies and statutes for detailed statutory information.    

Juvenile Record Clearance Policies Overview   

  • Most juvenile records can be sealed two years after the case, probation, or commitment ends, whichever occurs last. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • If you were found not delinquent (not guilty) by the judge, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 

You may not be eligible for expungement if you have certain convictions on your record or have pending criminal or juvenile charges.      

Find a Lawyer  

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

Juvenile Record Clearance Policies

Records relating to charges where the child is not found delinquent can be expunged. V.I. Code Ann. tit. 5, § 2531(e).
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Records relating to any adjudication of a person in need of supervision can be expunged. V.I. Code Ann. tit. 5, § 2531(d).
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Records relating to delinquency matters can be vacated and sealed two years after the person's final discharge from custody or supervision, or in a case not involving custody or supervision, two years from any other court order. V.I. Code Ann. tit. 5, § 2531(a).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Virgin Island Bar Association Lawyer Referral Service

Service area: St. Croix, St. Thomas, and St. John islands

Virgin Islands Bar Association

Service area: US Virgin Islands

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