Virgin Islands: Juvenile Court Records and Law Enforcement Records (VI-AR-1)

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).

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

By petition or court's own motion

Remedy

Seal

Ineligible Category or Citation

The person cannot have been convicted of a felony or misdemeanor, and no proceeding can be pending seeking a conviction or adjudication. V.I. Code Ann. tit. 5, § 2531(a)(2).

Procedure General

A petition must be filed with the court, or the court may move on its on motion to vacate its order and findings and order the sealing of the records. V.I. Code Ann. tit. 5, § 2531(a).

Fees

There is no statutory language regarding fees.

Effect

Upon entry of the order, the proceedings in the case will be treated as if they never occurred, and all index references will be deleted, and the court and law enforcement and departments will reply, and the person can reply, to any inquiry that no record exists with respect to such a person. V.I. Code Ann. tit. 5, § 2531(c). Any adjudication of delinquency, person in need of supervision, or conviction of a crime subsequent to sealing and prior to the child becoming an adult will have the effect of nullifying the sealing order. V.I. Code Ann. tit. 5, § 2531(d).

Waiting Periods

The petition can be filed two years after the person's final discharge from legal custody or supervision, or the entry of any other court order not involving custody or supervision.

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