Overview Description

Records relating to an arrest and court proceedings can be expunged by the court upon acquittal, nolle prosequi, dismissal, or the expiration of the limitations period without charges. V.I. Code Ann. tit. 5, §§ 3732, 3733. (Cannot link directly to statutes.)

Ineligible Category or Citation

A person 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.

(non-prod server)