Overview Description

Records relating to a delinquency petition that was dismissed because the evidence was insufficient may be expunged immediately. Am. Samoa Code Ann. § 45.0143.

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

For specific procedure, see Am. Samoa Code Ann. § 45.0143.

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 immediately upon dismissal.

(non-prod server)