Overview Description

Records relating to a misdemeanor conviction can be expunged by the court two years after sentence completion if the person served between 61 and 180 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737.
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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

The petition can be filed two years after the completion of jail term or probation term, whichever is later.

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