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Committee advances automatic expungement for acquitted defendants
Summary
The committee approved a measure to require automatic expungement of arrest records and charging documents when an accused is acquitted, prompting debate over retained law-enforcement access to records such as DNA and fingerprints.
The Committee on Homeland Security, Justice and Public Safety voted June 5 to approve Bill No. 36-0057, a proposal to require automatic expungement of an arrest record and related complaint or information when an accused person is acquitted. The committee vote was recorded in favor and the bill will be forwarded to Rules and Judiciary.
Supporters, including the Office of the Territorial Public Defender, argued automatic expungement is an equity measure that reduces barriers to employment, housing and education for people who were not convicted. Julie Smith Todman, chief territorial public defender, told the committee that expungement eases “civil death” caused by arrest records and that automatic relief would remove procedural and cost barriers for indigent residents who struggle to obtain petition-based expungement.
The Virgin Islands Police Department also testified and expressed conditional support for automatic expungement while urging safeguards. Assistant Commissioner Sean Santos recommended clarifications to protect investigative needs and proposed exceptions for individuals with prior felonious histories or for violent offenses, saying the bill should include reasonable safeguards to balance privacy with public safety.
Attorney General Gordon Ray testified in opposition to mandatory, unconditional automatic expungement as drafted. The attorney general said existing law already offers a petition-based expungement framework, that some records (for example, DNA samples entered into CODIS or NCIC entries) are used for investigations and officer safety, and that courts currently have discretion to weigh public-safety considerations. Ray urged making existing expungement procedures more accessible rather than automatically purging all records without judicial review.
After about five minutes of final discussion the committee voted in favor of the measure and forwarded it to Rules and Judiciary. Committee members said they expect follow-up language will be drafted to address concerns about access to certain investigative records and exceptions for prior serious offenses.
