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The Governor of the US Virgin Islands approved a law that will automatically expunge certain marijuana-related convictions and enable residents to request expunction of other records.

The Auto Expungement Option

Albert Bryan Junior, Governor of the U.S. Virgin Islands, approved Act #8679, which calls for the automatic expungement of various offenses that involved two ounces of marijuana or less. It also creates an allowance for residents to email government officials and ask for other cannabis-related criminal records to be expunged. This is being done to: "ensure full compliance and address any potential gaps in data received from the Judicial Branch of the Virgin Islands.”

A task force was established to lead this effort. It includes representatives from:

• The office of the Virgin Islands Attorney General.
• The Office of the Territorial Public Defender.
• Legal Services of the Virgin Islands.
• The Virgin Islands Bar Association.
• The Virgin Islands Justice Institute.

This group, which is led by Special Advisor Positive Nelson, will review all expunction requests and, upon approval, follow-through with expunging eligible records.

Why This Act Was Created

In a Press Release about this initiative, the government of the U.S. Virgin Island reported that the Act: “represents a significant step toward rectifying past inequities in the criminal justice system. The Governor’s Office encourages all eligible individuals to come forward and take advantage of this opportunity for a fresh start.”

Millions of Americans have criminal records. Many are for minor offenses, and some are for activities which have since been decriminalized. Numerous locations have legalized medical and/or recreational marijuana usage. This has resulted in individuals having convictions for actions that are no longer illegal. To help resolve this issue, legislators throughout the country are passing state, county and city laws which call for the expunction of low-level records that are related to marijuana.

Once A Record Is Expunged

It is important for employers to know that when a conviction is expunged, they may not use it to help make hiring or other decisions about consumers. This fact makes it critical for hiring managers to only review current records.

A great way to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association. To earn accreditation, CRAs must demonstrate that they adhere to requirements which were established by a federal law known as The Fair Credit Reporting Act (FCRA). Among them is the mandate for CRAs to take reasonable steps to only provide accurate, up-to-date records in the background checks they produce.

Background Screening

If your organization is bringing on employees, contractors or volunteers, please contact us. We offer comprehensive background checks that help our clients make informed decisions, maintain safe workplaces and demonstrate due diligence.

Our experienced and friendly team can help you customize screening packages based on your specific needs, applicable laws and industry best practices. Backgrounds Online is based in California and we are available to assist you Monday through Friday from 5am to 6pm PT.