Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3731 Definitions
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(1) For purposes of this chapter(1) “Court” means the Superior Court of the Virgin Islands.(2) “Confidential Records” means records that are kept by the Superior Court of the Virgin Islands, the Department of Justice and the Virgin Islands Police Department after an expungement.(…
5 V.I.C. § 3732 Expungement of criminal records that do not result in prosecution
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(1) The arrest record, including fingerprints, mugshots and DNA samples, and any other police or judicial proceeding records of a person must be expunged upon petition to the Superior Court of the Virgin Islands when:(1) A person successfully completes the Pretrial Intervention P…
5 V.I.C. § 3732a Automatic expungement when no probable cause is found
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When the court finds no probable cause, the court shall simultaneously enter an order expunging the arrest record, including fingerprints, mugshots, DNA samples, and any other police or judicial proceeding records of a person.
5 V.I.C. § 3733 Expungement of criminal records—when expungement required
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(a) The records of an arrest, a criminal complaint or an information that does not result in a conviction must be expunged upon Petition to the Court:(1) Where the case has been dismissed without prejudice and the statute of limitation has expired.(2) Where there is a statement o…
5 V.I.C. § 3734 Expungement of misdemeanor conviction
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(a) The Court may expunge the record of a misdemeanor conviction of an individual, including finger prints, photographs, and DNA samples, and records of other police or judicial proceedings of the individual, upon the petition of the individual and subject to the provisions of th…
5 V.I.C. § 3734a Expungement of criminal records of marijuana-related convictions
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(a) The records of an arrest, a criminal complaint, conviction and other information that results in a conviction must be automatically expunged for marijuana-related crimes or offenses where the amount of marijuana seized as part of the crime or offense was not more than two oun…
5 V.I.C. § 3735 Expungement petition
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(a) The Petition for expungement must include the following:(1) The name of the Petitioner;(2) The offense for which the Petitioner was arrested; and(3) A certified copy of the arrest, complaint or information. (1) The name of the Petitioner; (2) The offense for which the Petitio…
5 V.I.C. § 3736 Hearing on petition for expungement
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(a) At the hearing for the Petition for Expungement the court shall consider the following:(a) Whether Petitioner is employed, in school or in the armed forces; and(b) For marijuana-related crimes or offenses, whether the individual would be charged with such a crime under 19 V.I…
5 V.I.C. § 3737 Non-appealable
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(a) Waiting times are calculated from the day a person completes the jail term or probation term whichever is later. (b) Waiting times are as follows:(1) A person who serves between zero and 14 days in jail must wait 6 months before filing a Petition for Expungement of the convic…
5 V.I.C. § 3738 Effect of expungement
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Upon the issuance of an expungement order, the Petitioner shall be treated as not having been or arrested except for the keeping of confidentiality records.
5 V.I.C. § 3739 Expunged records
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(a) Except as provided otherwise in subsection (c), the Superior Court may order the disclosure of the expunged conviction records to the following:(a) A court when preparing presentences, conducting jury selection, detention, or setting bail; and(b) an agency of the territorial …
5 V.I.C. § 3740 Enforcement
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Upon entry of an Expungement Order, the Superior Court shall cause a certified copy of the order to be delivered to the Commissioner of Police who shall have 10 days after receipt to expunge the arrest record of the person whose name appear on the order and shall have ten additio…
5 V.I.C. § 3741 Retroactivity
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This Chapter shall have retroactive effect.