8 GCA CRIMINAL PROCEDURE CH. 11 EXPUNGEMENT OF RECORDS CHAPTER 11 EXPUNGEMENT OF RECORDS § 11.10 Expungement: When

§ 11.11 Same: Defined

§ 11.10. Expungement: When

(a) The official records of the court, the Attorney General, and the police reports in connection therewith dealing with a violation or attempted violation by an adult of territorial law or a regulation having the force and effect of law shall be expunged when the subject of the report is acquitted of the offense charged, when the prosecuting attorney decides not to prosecute the offense, when the time for commencing the criminal action as prescribed by Chapter 10 of this Title has passed, or on approval of the Pardon Review Board when a pardon is granted pursuant to §1422 of the Organic Act of Guam, except for the pardon of a felony offense involving violence. Expungement shall not occur for an offense which requires a person to register as a sex offender, as defined in § 89.03 of Title 9, Guam Code Annotated, until the defender’s name is removed from the registry. (b) The presentation to the custodian of record of a valid pardon for the recorded offense, except for the pardon of a felony offense involving violence or of an offense which requires a person to register as a sex offender, as defined in § 89.03 of Title 9, Guam Code Annotated, shall result in the expungement of the records relative to the offense, for which the pardon is granted pursuant to this Chapter

(c) Effective Date. This Act shall be effective upon enactment and shall apply to all persons who receive or have received a pardon by I Maga’lahen Guåhan (the Governor of Guam)

SOURCE: Added by P.L. 16-68. Amended by P.L. 31-023:2 (Apr. 18, 2011). Subsection (c) was added as an uncodified provision by P.L. 31-023:3 (Apr. 18, 2011) and codified herein by Compiler

2011 NOTE: Subsection designations added by Compiler. § 11.11. Same: Defined. As used in this Act, expungement means the sealing of records to all persons outside of the law enforcement agencies of Guam and federal agencies entitled thereto and a refusal by such agencies to admit the existence of such records to persons not entitled to examine them

SOURCE: Added by P.L. 16-68

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