Virgin Islands: Adult Convictions (Vi-C-2)

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.

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

Limited to marijuana related crimes or offenses only where the amount seized cannot exceed 2 ounces in total weight. 5 V.I.C. § 3734a.

Procedure General

The petition must be filed in the superior court with service on the Virgin Islands Department of Justice. For the specific procedure, see V.I. Code Ann. tit. 5, §§ 3732 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 presentences, 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 one year after completion of the jail term or probation term, whichever is later.

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