DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
UNITED STATES OF AMERICA  
 
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v. 
 
 
 
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Criminal Action No. 1990-0018 
 
 
 
 
 
 
 
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DEREK K. PHILLIPS, 
 
 
 
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Defendant. 
 
 
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__________________________________________) 
 
Appearances: 
Adam F. Sleeper, Esq.  
St. Thomas, U.S.V.I.  
 
For the United States 
 
Derek K. Phillips 
 
Pro Se 
 
MEMORANDUM OPINION AND ORDER  
Lewis, Senior District Judge 
THIS MATTER comes before the Court on Defendant Derek K. Phillips’ (“Defendant”) 
“Motion to Expunge” (“Motion”) (Dkt. No. 2), and the Government’s “Opposition to Defendant’s 
Motion to Expunge” (Dkt. No. 6).  Defendant requests that the Court expunge his prior criminal 
conviction in this district.  (Dtk. No. 2 at 1).   
Defendant states that he was convicted of forgery and petit larceny on April 11, 1991.  Id.  
He attached the Amended Judgment and Commitment from his conviction, entered by former 
District Judge Stanley S. Brotman.  (Dkt. No. 2-1).  Defendant states that he has served and 
completed his term of probation, currently resides in New York state, and has not had another 
arrest.  (Dkt. No. 2 at 1).   
The Government correctly notes that the Third Circuit has held that “in the absence of any 
applicable statute enacted by Congress, or an allegation that the criminal proceedings were invalid 
or illegal, a District Court does not have jurisdiction to expunge a criminal record, even when 
Case: 1:90-cr-00018-WAL-EAH     Document #: 7     Filed: 02/10/26     Page 1 of 2
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ending in an acquittal.”  United States v. Dunegan, 251 F.3d 477, 480 (3d Cir. 2001); see also 
Pickard v. United States, 2021 WL 3921341 at *3 (D.V.I. Sept. 1, 2021) (denying a motion for 
expungement where defendant has not identified any applicable statute, or made any allegation 
that the criminal proceedings were invalid or illegal).  Here, Defendant has not identified any 
applicable statute, or made any allegation that the criminal proceedings were invalid or illegal.  
Defendant merely states that he has completed his term of probation and has not been arrested 
again.  Accordingly, this Court lacks jurisdiction to entertain Petitioner's Motion to Expunge his 
criminal record. 
UPON CONSIDERATION of the foregoing, it is hereby 
ORDERED that Defendant Derek K. Phillips’ “Motion to Expunge” (Dkt. No. 2) is 
DENIED.   
SO ORDERED. 
Date: February 10, 2026 
 
 
 
 
_______/s/________ 
WILMA A. LEWIS 
Senior District Judge 
Case: 1:90-cr-00018-WAL-EAH     Document #: 7     Filed: 02/10/26     Page 2 of 2