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Bill

36-0057

An Act amending title 5 Virgin Islands Code, chapter 314, section 3733, subsection (a) to require automatic expungement of the arrest record and complaint or information when the accused has been acquitted

2025-2026 Regular Session

Automatically expunges arrest records and charges when defendants are acquitted, eliminating need for separate petition and reducing employment/housing barriers for acquitted individuals.

Sent to Lt. Governor
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WeVote Research Nonpartisan
Bill Summary · 36-0057

Legislative bill overview

This bill would amend Virgin Islands law to automatically expunge arrest records and related complaints when a defendant is acquitted of charges. Currently, expungement requires a separate petition process; this legislation would make it automatic upon acquittal without requiring defendants to file additional paperwork.

Why is this important

Acquitted individuals often face ongoing barriers to employment, housing, and professional licensing due to publicly available arrest records, even though they were found not guilty. Automatic expungement removes these collateral consequences and reduces the administrative burden on individuals who have been cleared of wrongdoing.

Potential points of contention

  • Law enforcement access and concerns: Police departments may argue that maintaining arrest records—even for acquitted individuals—is important for investigative purposes, pattern recognition, and officer safety, and that automatic expungement could complicate these functions
  • Implementation and funding: Government agencies would need resources to establish automated systems to identify qualifying cases and process expungements without individual petitions
  • Definition of "acquitted": The bill's language may need clarification on what triggers automatic expungement (acquittal at trial, dismissal, nolle prosequi, or other outcomes), which could create disputes about eligibility

Compiled from official sources — confirm details with the bill’s official record.

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