COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
 
01/25/2024-REPORTED OUT TO THE FLOOR 
12/12/2023-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY 
 
BILL NO. 
35-0178 
 
Thirty-Fifth Legislature of the Virgin Islands 
 
 
 
October 18, 2023 
 
 
 
An Act amending title 5 Virgin Islands Code, chapter 314, to add a section 3732a to allow for 
the automatic expungement of arrest records upon a finding that the arrest lacked probable 
cause and amending title 3 Virgin Islands Code, chapter 33, section 881(g), item 9 relating to 
public records to designate expunged criminal records as confidential records 
 
 
 
PROPOSED BY: 
 
Senators Javan E. James, Sr., Franklin D. Johnson and  
Angel L. Bolques, Jr. 
Co-Sponsors: Samuel Carriόn and Novelle E. Francis, Jr. 
 
WHEREAS, when an individual is arrested, and no probable cause is found a criminal 
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record remains that negatively impacts the wrongfully arrested individual; 
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WHEREAS, Virgin Islands law presently requires the filing of a petition with the 
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Superior Court of the Virgin Islands to obtain an expungement of an arrest record even if no 
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probable cause was found; 
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WHEREAS, the filing of an expungement petition requires the impacted individual to 
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spend money and other resources and to be subjected to a civil process;  
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WHEREAS, the automatic expungement of arrest records for which there was no 
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probable cause for the arrest significantly reduces the impact of the arrest on the individual 
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without subjecting the individual to a civil process or expense; Now, Therefore, 
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Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 5 Virgin Islands Code, subtitle 3, Part 1, chapter 314, is amended by 
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adding section 3732a to read as follows: 
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Ҥ 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 
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expunging the arrest record, including fingerprints, mugshots, DNA samples, and any other 
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police or judicial proceeding records of a person. 
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SECTION 2.  Title 3 Virgin Island Code, chapter 33, section 881(g), item 9 is amended 
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after “public records” by inserting “unless such records have been expunged pursuant to title 
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5, chapter 314 of the Virgin Islands Code. 
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BILL SUMMARY 
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Section 1 of the bill amends title 5 Virgin Islands Code, chapter 314, to allow for the 
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automatic expungement of arrest records that the Court dismisses for lack of probable cause. 
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Section 2 excludes expunged records from public access pursuant to 3 V.I.C. § 881(g), 
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item 9. 
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BR23-0629/October 12, 2023/PFA 
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..\..\..\..\AMENDS\35th Legislature\JAMES, SR., JAVAN E\Amendment 35-553\35-553-
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DRAFTED ON YELLOW.docx 
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