Virgin Islands: Adult Convictions (VI-C-1)

Records relating to a misdemeanor conviction can be expunged by the court. 5 V.I.C. § 3734.

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in superior court with service on the Virgin Islands Department of Justice. For the specific procedure, see V.I. Code Ann. tit. 5, §§ 3735 et seq.

Fees

There is no statutory language regarding fees.

Effect

The person is treated as if they were never arrested. The superior court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739.

Waiting Periods

The petition can be filed six months after the completion of the jail term or probation term, whichever is later.

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