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Virgin Islands: Adult Non-Conviction Arrests (VI-NC-1)

Virgin Islands: Adult Non-Conviction Arrests (VI-NC-1)

Records relating to an arrest and court proceedings can be expunged by the court upon the successful completion of pretrial intervention, nolle prosequi, dismissal with prejudice, or the expiration of the limitations period without charges. V.I. Code Ann. tit. 5, §§ 3732, 3733.
Record Detail(s)
No conviction obtained
Charges resolved in favor of defendant
Charges not filed
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
Yes, if objection filed
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
A person who has other charges or arrests pending or who flees the jurisdiction to avoid prosecution cannot have records expunged. V.I. Code Ann. tit. 5, § 3733(b)(1).
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. V.I. Code Ann. tit. 5, § 3738.
Waiting Periods
There is no statutory language regarding a waiting period.

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