Virgin Islands: Adult Diversion/Deferral Program (VI-D-2)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to controlled substance possession. V.I. Code Ann. tit. 19, § 607(c).

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see V.I. Code Ann. tit. 19, § 607.

Fees

There is no statutory language regarding fees.

Effect

The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. V.I. Code Ann. tit. 19, § 607(b)(2).

Waiting Periods

There is no statutory language regarding a waiting period.

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