3735

(a) The Petition for expungement must include the following:\n(1) The name of the Petitioner;\n(2) The offense for which the Petitioner was arrested; and\n(3) A certified copy of the arrest, complaint or information.\n(b) The Petition must also include the following:\n(1) A copy of the Petitioner's criminal record; and\n(2) A sworn statement by the Petitioner that there are no charges pending against him.\n(c) The Petitioner shall serve the Department of Justice, which has 30 days to respond. If the Department of Justice objects to the expungement, the Superior Court of the Virgin Islands shall set the matter on for a hearing. If the Department of Justice elects not to file an opposition to the Petition for Expungement, or does not file a timely objection, the Court may grant the Petition for Expungement.\n(d) The Superior Court may schedule a hearing for expungement despite the lack of opposition or response from the Department of Justice, if the Petitioner is seeking to have more than one record of misdemeanor conviction expunged.