Virgin Islands Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.

Virginia law does not currently allow for expungement of convictions or deferred dispositions; whereas, a sizeable number of states authorize such actions: ? 41 states allow misdemeanor convictions to be expunged or sealed; and, ? 36 states allow felony convictions to be expunged or sealed.

Also, ing to Georgia law, no criminal record is automatically restricted simply because the offender turns 18. A former juvenile offender who is now an adult may, however, apply to have his or her juvenile record restricted.

The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an ...

In most cases, records are destroyed once the minor turns 19 and at least five years have passed since the final hearing. One major difference is if the minor has committed a crime that would be a felony if they were an adult. In that case, the records remain public.

You are allowed to travel freely within the U.S. Virgin Islands. Unless you are given permission in advance by the judge in your case, any requests to travel outside of these islands must be approved in advance by your U.S. Probation officer.

In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.

If the court grants the expungement, this charge will not appear when someone runs a background check on you. Conversely, if the charge is dismissed and you don't get an expungement, the charge will appear on your record but it will show that the charge was dismissed.

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Virgin Islands Motion To Seal Juvenile Records