Last updated: April 10, 2026
I. Loss & restoration of civil/firearms rights
A. Civil rights
“A sentence of imprisonment for any term of more than one year and less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, authority, or power during such imprisonment.” V.I. Code Ann. tit. 14, § 91. The right to vote is automatically restored to every person convicted of a felony upon completion of all the conditions of the person’s sentence, including payment of restitution. 18 V.I. Code § 263(c). The right to hold office depends upon being a qualified voter. See Election System of the Virgin Islands, Qualifications for Office. Citizens are “competent to serve as a juror unless” inter alia he or she “has been convicted in a state, territorial, or federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty.” tit. 4, § 471(1).
B. Firearms
A person convicted in any court for a crime punishable by imprisonment for a term exceeding one year, or of misdemeanor domestic violence, is ineligible for a license to carry a firearm. V.I. Code Ann. tit. 23, §§ 456a(a)(1), (a)(9).1 A person who has previously been convicted of a felony in any state, territorial, or federal court of the United States faces higher penalties for unlawful (i.e., unlicensed) possession than a person convicted of simple unlawful possession of a firearm. See tit. 14, § 2253(a).
II. Pardon policy & practice
The governor has power to pardon violations of local law. V.I. Organic Act of 1954, § 11. People with felony convictions are prohibited from sitting on any board or commission of the government of the Virgin Islands unless pardoned. V.I. Code Ann. tit. 3, § 65d(a). Pardoning in the Virgin Islands appears to be a fairly informal matter, with each governor establishing their own procedure and standards for pardons. See this article about a number of clemency grants issued by outgoing Governor Kenneth Mapp in December 2018.
III. Expungement, sealing & other record relief
Chapter 314 of the Virgin Islands Code (“Expungement”) was added to Title 5 in November 2009.
A. Expungement of misdemeanor convictions
Misdemeanor convictions may be expunged upon filing a petition with the court, so long as there are no charges pending, and the appropriate waiting period under § 3737 has been met. §§ 3734(a), 3735(b)(2). Waiting periods are calculated from the completion of a jail or prison term, and range from 6 months to five years, depending on the length of time in jail. § 3737.
Process: The petition is served on the Department of Justice, and if no objection is filed in opposition within 30 days, the court may grant the petition. § 3735(c). However, the court may schedule a hearing even without opposition, if the person is seeking to expunge more than one misdemeanor conviction. Id. at (d).
The Department of Justice has the burden of proving by clear and convincing evidence that a Petition for Expungement should not be granted.” § 3734(b). At a hearing, the court may consider the person’s employment, education, or military service, and any other fact the court considers relevant. § 3736. The Court shall grant the Petition for Expungement, if the Department of Justice fails to meet its burden.” § 3734(c).
Effect: “Upon the issuance of an expungement order, the Petitioner shall be treated as not having been or arrested except for the keeping of confidentiality records.” § 3738. Expunged records may be disclosed only by order of the court and only to:
(a) a court when preparing presentences, conducting jury selection, detention, or setting bail; and
(b) an agency of the territorial or federal government that is considering the person for a position.
tit. 5, § 3739. See also V.I. Super. Ct Rule 400 et seq. (Expungement of Criminal Records).
In 2023, records related to marijuana-related convictions “must be automatically expunged,” when the amount seized “was not more than two ounces total weight.” § 3734a(a). See Sess. L. 2022, p. 299.
C. First offender deferred adjudication and expungement
V.I. Code Ann. tit. 5, § 3711(c) provides procedures for a person with a non-violent offense with no prior felony or misdemeanor convictions to have judgment deferred and charges dismissed after successful completion of probation: “Upon fulfillment of the terms of probation the defendant shall be discharged without court adjudication of guilt, and an order shall be entered expunging the finding, verdict or plea of guilty and all records as defined in chapter 314 of this title as the case may be.” Id.
D. Deferred adjudication for drug possession
V.I. Code Ann. tit. 19, § 607(b)(1) provides for deferred adjudication for first-time drug possession, with no conviction resulting if probation is successfully completed. Expungement of records is available only if an offense committed when under 21. tit. 19, § 607(b)(2). (It is not clear whether this authority is intended to limit the authority in tit. 5, § 3711(c).)
E. Youthful offenses
V.I. Code Ann. tit. 5, § 3712 provides for probation and expungement of any offense, after a five-year waiting period, for individuals with no prior conviction whose offense was committed when they were under 21 years of age.
F. Non-conviction records
Expungement is mandatory upon petition for most non-conviction records, including cases where charges are dismissed, , a person successfully completes a pretrial intervention program, or not prosecuted after the statute of limitations has expired. V.I. Code Ann. tit.5, §§ 3732, 3733(a).
Non-conviction records may not be expunged by petition to the court except where a person flees the jurisdiction to avoid prosecution, or where a person has a subsequent arrest, “unless there are extraordinary circumstances to which the court finds expungement in the best interest of public policy.” tit. 5, § 3733(b).2
In 2024, automatic expungement for cases where no probable cause was found was enacted, authorizing the court to enter an order to expunge the record simultaneously with the finding of no probable cause. § 3732a. See Bill No. 35-0178, Act No. 8819 (enacted April 11, 2024). In 2025, automatic expungement for cases resulting in acquittal or dismissal with prejudice was passed by the legislature (after overriding the Governor’s veto), authorizing the court to enter the expungement order within the underlying proceedings. § 3733(c). See Bill No. 36-0057, Act No. 9013.
G. Juvenile record sealing
Juvenile records may be sealed on motion two years after discharge if the person has not been convicted of a felony or misdemeanor, and no proceeding is pending seeking a conviction or adjudication. See V.I. Code Ann. tit. 5, § 2531.
IV. Criminal record in employment & licensing
A. Employment
In 2024, the Virgin Islands Fair Chance for Employment Act was passed, replacing the original provisions governing employment discrimination effective in 2018. See Bill. No. 35-0015 (2024). V .I. Code Ann. tit. 24, §§ 465-470. Nonetheless, an employer may ask an applicant about an arrest for which the person is out on bail or on his or her own recognizance. Id. § 465. Except as otherwise provided by a local or federal law, employers may not inquire about an applicant’s conviction history before being deemed qualified for the position. § 466(a). An employer may also not seek any information, from any source, in determining a condition of employment until the applicant has been given a conditional offer. Id. at (b). Unless statutorily prohibited, job advertisements may not state or imply a criminal background prevents application, and employment applications must include the following statement:
“A record of conviction will not exclude an application from being eligible for the position. Factors that may be examined include: (1) the rational relationship of the nature of the offense to the duties and responsibilities of the position; and (2) evidence of the rehabilitation of the applicant.”
Id. at (c), (d). An employer may rescind a conditional offer of employment if an applicant “has pending charges filed within the last six months or have been convicted of a felony conviction in the past five years or a misdemeanor conviction that occurred in the past three years,” only after considering the relationship to the responsibilities of the position and any rehabilitation documentation or information. § 467.
An employer may ask an applicant orally about an arrest for which the person is out on bail or on his or her own recognizance. § 468(a). These provisions do not apply to government agencies seeking information about peace officers or applicants for peace officer or criminal justice employment. Id. at (c). They do not prohibit employers at health facilities from asking applicants for positions with regular access to patients or access to drugs about certain arrests. Id. at (b). Also, these provisions do not apply if:
“(1) state or federal law requires an applicant to be rejected based on criminal history;
(2) the employment requires a satisfactory criminal background as an established bona fide occupational position or a group of employees;
(3) a standard fidelity or equivalent bond is required and a conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond; or
(4) the employment is within a facility that provides programs, services, or direct care to minors or vulnerable adults including the educational system or child care.
Id. § 4689(d). Peace officers and law enforcement agency employees are prohibited from disclosing, “with intent to affect a person’s employment, any information contained in a criminal record or pertaining to a history of conviction to any person not authorized by law to receive that information,” or for any person not authorized by law to receive information to knowingly disclose to others “not authorized by law to receive that information,” or for those not authorized by law to “receive or possess that information.” §§ 469(a), (b), (c). Employers who violate the Act may be subject to action and required to pay actual damages “or $200, whichever is greater, plus costs and reasonable attorney’s fees as a civil penalty.” § 470(a).
- This statute, modeled on 18 U.S.C. § 922, was added in 2005, see No. 6730, § 29, Sess. L. 2005, pp. 106-08.
- See People v. Creque, Nos. ST-06-CR-426, ST-06-CR-427, ST-06-CR-428, 2010 WL 7371955 (V.I. Feb. 23, 2010) (in connection with action under tit. 5, §3733(b), holding that “[d]efendant failed to offer any evidence establishing that his Constitutional Rights were violated during his arrest nor did the People concede that they were dropping the charges because Defendants was innocent,” and thus “the defendant’s argument does not demonstrate the presence of extraordinary circumstances that outweigh the Government’s need to preserve arrest records”.