Virgin Islands: Adult Convictions (VI-C-6)

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).

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Varies

Hearing

Yes, if objection filed

Clearance Process

Varies

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

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 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

There is a 6-month waiting period.

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