Clean Slate Program

1. Court Agreement

The Virgin Islands Justice Initiative (“Law Firm”) agrees to perform all reasonable and necessary services related to the prosecution of an Expungement of Criminal Records. Warning: If you have a second criminal arrest, it will be much more difficult to receive an expungement from the Court. Counsel cannot guarantee any particular result in litigation. Client acknowledges that Counsel has made no promises about the outcome and that any opinion offered by Counsel in the future will not constitute a guaranty.

2a. Law Firm Duties

The Law Firm, which may include assistance from pro bono attorneys and volunteers, shall provide legal services necessary to litigation; keep the Client reasonably well informed of progress and developments in the case and respond promptly to the client's inquiries and communications.

2b. Client Responsibilities

The Client shall be truthful, cooperate and participate in the preparation of the case (which may include answering discovery, appearing for depositions, appearing for pre-trial hearings and trial), immediately notify the Law Firm of anything that could affect the case, keep the Law Firm informed of the Client's address, telephone numbers, and whereabouts. The Client agrees to follow the Law Firm’s advice regarding settlement and trial strategy. The Client agrees not to settle or compromise the claim without the Law Firm’s consent.

The Client must assist the Law Firm in obtaining these documents: (1) Criminal Police/Background Check, (2) Police Arrest Report, (3) Complaint/Information (Charging Document) (4) Order of Dismissal or Conviction, (5) Order of Discharge of Probation. (6) You will also have to sign and notarize an Affidavit.

3a. Fees

The Virgin Islands Justice Initiative does not currently charge to represent Clients in expungement proceedings. If the trial court does not grant the expungement, there is a possibility of appealing the denial to the Supreme Court of the Virgin Islands. The Law Firm has not agreed to represent Client in an appeal. If Client seeks an appeal from the Law Firm, they will have to make further application to the Law Firm for consideration by the Executive Director.

3b. Court Costs and Legal Expenses

The Virgin Islands Justice Initiative is currently covering the costs of certified police records ($22), certified court documents ($60), Court filing ($75) and for service of process ($100) for a total benefit of $257 in the trial court.

4. Withdrawal, Termination, or Abandonment of Claim

The Law Firm expressly reserves the right to withdraw from representing the Client in the event the Client fails to comply with the terms of this Agreement or persists in a course of conduct that the Law Firm reasonably believes is criminal, fraudulent, or unethical. If the Client does not tell the truth, misrepresents or fails to disclose material facts, fails to maintain contact with the Law Firm, fails to update the Law Firm to new facts or changes, elects to disregard counsel’s opinion, and/or fails to reasonably participate in the preparation of the case, among other things, the Law Firm may withdraw from representation of Client.

4a. Necessary Documentation Collection for Expungement of Criminal Records

The documents listed below must be collected with the assistance of the Client in order for the Client’s case to proceed.

1) from the Police Department: (they must be "certified a true copy" by the Records Department)

[ ] Police report (it is a background check a/k/a “rap sheet”)

[ ] Arrest report (the arrest report of the specific charge you want expunged)

2) from the Court Clerk's Office: (the docs must also be "certified a true copy" by the clerk)

[ ] the initial Complaint/Information

[ ] the Final Order by the Judge dismissing the case or the Judgment if convicted)

[ ] the “Discharge from Probation” (if convicted)

3) from you:

[ ] a copy of your driver's license, passport, or other ID, etc.

[ ] a short personal statement how and why an expungement is necessary and beneficial; i.e. to get a job promotion, to travel without extra searches, to join the military, etc.

[ ] any copies of awards, letters of recommendation, or other personal achievements, anything showing you are a good person (if you were convicted).

5. Initial mediation of any disputes and binding arbitration of unresolved disputes

Any controversy or claim arising out of or relating to this representation agreement contract, or the breach thereof, shall be first referred to the American Mediation Institute of the Virgin Islands within 30 days of a demand by either party.

6. This document is our complete agreement and Virgin Islands’ law governs this agreement

This Document constitutes the full and complete agreement between the parties regarding the Law Firm's representation of the Client's interests. Any additions or modifications to this Agreement must be in writing and signed by both the Law firm and the Client. All oral modifications, past or future, are void. This Agreement shall be governed by the laws of the Territory of the Virgin Islands. The parties agree to submit to the personal jurisdiction of the Superior Court of the Virgin Islands, venue in St. Thomas.

I HAVE READ THIS AGREEMENT. I UNDERSTAND ITS TERMS FULLY.

BY SIGNING MY NAME BELOW, I AGREE TO THE TERMS OF THIS AGREEMENT.