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Bill No. 28-0151_Expungement of Records (S. Malone)

Bill No. 28-0151_Expungement of Records (S. Malone)

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Published by: A Renewal of VI Politics on Sep 21, 2009
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05/11/2014

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 COMMITTEE ON RULES AND JUDICIRY
BILL NO. 28-0151
Twenty-Eighth Legislature of the Virgin Islands
September 14, 2009
An Act amending title 5 Virgin Islands Code by adding chapter 314 establishing rules andprocedure to expunge the records of arrest or the records of arrest and conviction of individuals charged with criminal offenses
PROPOSED BY:
Senator Shawn-Michael Malone
 Be it enacted by the Legislature of the Virgin Islands:
1
SECTION 1.
Title 5 Virgin Islands Code is amended by adding chapter 314 to read2as follows:3
“Chapter 314
4For purposes of this chapter5
§ 3731 DEFINITIONS
6(1)
 
“Court” means the Superior Court of the Virgin Islands.7(2)
 
“Confidential Records” means records that are kept by the Superior Court of 8the Virgin Islands, the Department of Justice and the Virgin Islands Police Department after9an expungement.10“Crime” or “Offense” means as an act(s) committed or omitted in violation of a11law(s) of the Virgin Islands and punishable by either imprisonment, or fine, or removal from12office, or disqualification to hold and enjoy any office of honor, trust, or profit.131415
 
 2(3)
 
“Criminal Records” shall be construed to be the same as records.1(4)
 
“Expungement” means the sealing, destroying of criminal records within any2court, correctional facility, police department or other law enforcement agency, concerning a3person’s arrest, detention, apprehension, trial, conviction or disposition of an offense(s)4within the criminal justice system5(5)
 
“Records” include all arrest records, complaints, warrants, summons,6commitments, processing records, photographs, judicial docket records, fingerprints or the7collection of DNA samples.8(6)
 
“Violent crime” means any one of the following offenses:9(A) murder in the first or second degree or an attempt to do so;10(B) voluntary manslaughter;11(C) rape in the first degree or an attempt to do so;12(D) arson in the first or second degree or an attempt to do so;13(E)
 
assault in the first, second or third degree or where appropriate, an14attempt to do so;15(F) burglary in the first or second degree or an attempt to do so;16(G) robbery in the first, second, or third degree or an attempt to do so;17(H) carnal abuse of a child under 16 years of age or an attempt to do so;18(I) incendiarism or an attempt to do so;19(J) extortion;20(K) kidnapping or an attempt to do so;21(L) mayhem;22(M) carrying or using a dangerous weapon;23(N) carrying firearms;24(O)
 
distributing a controlled substance to a person under eighteen years of 25age;26
 
 3(P) aggravated rape or the attempt to do so;1(Q) unlawful sexual contact in the first degree or attempt to do so.2
§3732 AUTOMATIC EXPUNGEMENT OF CRIMINAL RECORDS
3(a)
 
The arrest record including fingerprints, mugshots and DNA samples and any4other police or judicial proceeding records of a person are automatically expunged by Motion5to the Superior Court of the Virgin Islands when:6(1)
 
A person successfully completes the Pretrial Intervention Program7under title 5 V.I.C., Section 4611 et. Seq.;8(2)
 
A person successfully completes probation under title 5, V.I.C.,9Section 3711 (c);10(3)
 
A person successfully completes probation under title 19 V.I.C.,11Section 607 (b);12(4)
 
A person has received a Statement of Nolle
Prosequi
, because the13People are unable to meet their burden of proof;14(5)
 
A person whose case has been dismissed with prejudice and the person15has no other charges or arrest pending;16(6)
 
A person has successfully completed probation under title 16 Virgin17Island Code, Section 99(a);18(7)
 
A person has been arrested, and no complaint or information has been19filed and the statute of limitation has expired; and20(8)
 
A person has been arrested and the court has found no probable cause21at the advise hearing and the Attorney General’s Office has not filed criminal charges22against the person within sixty (60) days after the arrest.23(b)
 
The motion shall contain a certified copy of successful completion from24probation and a copy of the information or complaint.2526

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