Legal Opinion

Government of the Virgin Islands v. Nugent

Superior Court of The Virgin Islands

Decided April 2, 2007No. Case No. SX-05-CR-69Published

1Opinion of the CourtDonohue, Judge

MEMORANDUM OPINION

(April 2, 2007)

THIS MATTER is before the Court on a Stipulated Petition to Expunge Record. The Petition requests that this Court expunge Defendant's arrest record. This Stipulated Petition by the parties is improperly filed under the underlying criminal matter. The above-captioned matter was dismissed in May of 2005, therefore, the Court no longer has jurisdiction and any subsequent filings under this matter are improperly before the Court. The proper procedure is to file a petition for the expungement of record as a civil matter, as we will discuss further below.

FACTS

Defenda…

2Cases cited12 opinions

  1. United States v. Zalmon SchnitzerCourt of Appeals for the Second Circuit · 1977
  2. United States v. Gregory Paul NoonanCourt of Appeals for the Third Circuit · 1990
  3. United States v. Larry Douglas FriesenCourt of Appeals for the Tenth Circuit · 1988
  4. Houston Police Department v. Berkowitz, Texas Court of Appeals, 1st District (Houston)2003
  5. Commonwealth v. BaileySuperior Court of Pennsylvania · 1980

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