Overview Description

Records relating to a delinquency adjudication may be expunged after two years from the date of termination of the Court's jurisdiction over the person or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau, unless waived by all parties. Am. Samoa Code Ann. § 45.0142(a).

Ineligible Category or Citation

To be eligible for expungement, the person cannot have: (1) a conviction for of a felony or a misdemeanor; (2) a subsequent adjudication; or (3) a pending felony, misdemeanor, or delinquency matter. Am. Samoa Code Ann. § 45.0142(c).

Procedure General

The petition must be filed with the court. The Court will consider whether the person has attained rehabilitation to the Court's satisfaction. Am. Samoa Code Ann. § 45.0142(c).

Fees

No statutory language.

Effect

Upon the entry of an order to seal the records, the proceedings on the case are considered never to have occurred, and all references are deleted, and the person and the Court may properly reply that no record exists with respect to that person upon any inquiry in the matter. Am. Samoa Code Ann. § 45.0142(d).

Waiting Periods

The petition may be filed two years after the date of termination of the Court’s jurisdiction over the person, or two years after his or her unconditional release from parole supervision, if he or she had been committed to the Corrections Bureau. Only by stipulation of all parties involved may expungement be applied for prior to this two year waiting period. Am. Samoa Code Ann. § 45.0142(a).

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