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OFFICE OF THE TERRITORIAL PUBLIC DEFENDER Government of the U.S. Virgin Islands June 4, 2025 Honorable Clifford A. Joseph, Sr., Chairman, Committee on Homeland Security, Justice and Public Safety Virgin Islands Legislature 3022 Estate Golden Rock Christiansted, VI 00820 Via Email: senatorcliffordjoseph@legvi.org Re: Testimony on Bill No. 36-0057 An Act amending Title 5 Virgin Islands Code, chapter 314, section 3733, subsection (a) to require automatic expungement of the arrest record and complaint or information when the accused has been acquitted Dear Chairperson Clifford Joseph Sr.: My name is Julie Smith Todman, and I am the Chief Territorial Public Defender for the Office of the Territorial Public Defender, which we call the “OTPD”. Let me begin by thanking the Chairman, the members and staff of the Committee on Homeland Security, Justice and Public Safety of the 36th Legislature for this invitation to testify on proposed Bill Number 36-0057: An Act amending title 5 Virgin Islands Code, chapter 314, section 3733, subsection (a) to require automatic expungement of the arrest record and complaint or information when the accused has been acquitted. Let me also St. Thomas/St. John Division 3730 Altona Suite 200 P.O. Box 6040 St. Thomas, VI 00804-6040 Tel (340) 774-8181 Fax (340) 774-3052 St. Croix Division 1-B Clifton Hill, 2nd Floor P.O. Box 2635 Kingshill, St. Croix U.S. Virgin Islands 00851-2635 Tel (340) 773-6312 Fax (340) 778-6823 June 4, 2025 Testimony of Julie S. Todman, Chief Territorial Public Defender Office of the Territorial Public Defender Position on Bill No. 36-0057 extend my sincere gratitude to Senator Alma Francis Heyliger as the sponsor of the proposed Bill. I would also like to extend warm greetings to each of you in the listening and viewing audience, distinguished guests, and to the members and staff of the 36th Legislature. The Office of the Territorial Public Defender was established by title 5, section 3521 of the Virgin Islands Code to represent the indigent charged with crimes in court. I appreciate the opportunity to provide you with the position of my office as to the changes to 5 VIC 3733(a). After considering the amendments promulgated in Bill 36-0057 (Bill 57), the Office of the Territorial Public Defender fully supports the contemplated changes. OTPD generally supports any effort to increase the availability and efficacy of expungements under Territorial law. Bill 57 will amend Title 5 Virgin Islands Code, Chapter 314, Section 3733 to mandate automatic expungement of arrest and charging records upon acquittal. This transformative bill aligns the Virgin Islands with nine U.S. states and the nationwide clean slate movement, emphasizing significant cost savings and ensuring justice for Virgin Islanders. June 4, 2025 Testimony of Julie S. Todman, Chief Territorial Public Defender Office of the Territorial Public Defender Position on Bill No. 36-0057 To quote Justice Sonya Sotomayor, “[e]ven if you are innocent, you will now join the 65 million Americans with an arrest record and experience the ‘civil death’ of discrimination by employers, landlords, and whoever else conducts a background check.” 1 In the Virgin Islands, where most arrests are warrantless, acquitted individuals face a “civil death of discrimination” (Utah v. Strieff, 579 U.S. 232, 253, 2016). This is because arrest records, even after acquittal, can block jobs, housing, education, licenses, and volunteer roles, and these records are generally available for access by employers, landlords, and whoever else conducts a background check. (Utah v. Strieff, 579 U.S. 232, 253, 2016). The OTPD previously testified before this body in the 35th Legislature for the expansion of automatic expungements in cases where no probable cause was found by a Judge. That Bill was passed and is now codified as Title 5 VIC 3732a. In my prior testimony and what is still relevant today, I noted that “in the past, there was a prevailing attitude that it was unnecessary to regulate access to outcomes less serious than a conviction – partially based upon the practical obscurity of most criminal records. However, the 1 Utah vs. Strieff, 579 U.S. 232, 253, 136 S. Ct. 2056, 195 L. Ed. 2d 400 (2016) June 4, 2025 Testimony of Julie S. Todman, Chief Territorial Public Defender Office of the Territorial Public Defender Position on Bill No. 36-0057 advent of digitized record systems has opened up an entirely new industry that traffics in personal information. A criminal record – even when it is only the record of an arrest with no conviction – can have serious impacts upon a person’s life.” Here are some examples of that impact. Schools can and have denied admission to students based upon criminal arrests. Employers and licensing authorities can and have denied employment and professional licenses based upon criminal arrests. Landlords can and have denied housing based upon criminal arrests. Insurance companies can and have utilized arrest records as the basis for higher premiums. Other countries can and have denied entry to visitors with an arrest record. Well-intentioned community groups can and have utilized arrest records to deny access to volunteer opportunities. Bill 57 will lower the harm done to the innocent by automatically expunging the arrest and charging records for those acquitted of the charges. June 4, 2025 Testimony of Julie S. Todman, Chief Territorial Public Defender Office of the Territorial Public Defender Position on Bill No. 36-0057 While untold moral benefits remain, there are also economic benefits that should be considered. For example, expungement raises wages by 23% (Prescott & Starr, 2020), cutting local welfare costs. Furthermore, Bill 57 would result in reduction in recidivism rates as demonstrated in Michigan where Only 4% of Michigan expungement recipients are reconvicted within five years, mostly for minor offenses. Bill 57 delivers crucial benefits: Benefits of Automatic Expungement After Acquittal Economic Empowerment. Automatic expungement removes barriers to employment, housing, and education caused by arrest records, even for those acquitted. Expungement can raise wages by 23% and add tax revenue (Prescott & Starr, 2020; Agan et al., 2023). Public Safety. Recidivism Rates: According to the empirical study by J.J. Prescott and Sonja B. Starr, only 4.2% of individuals who received expungements (referred to as "set-asides" in Michigan) were reconvicted within five years. Judicial Efficiency and Cost Savings. The petition-based expungement process under V.I. Code Ann. tit. 5, § 3733(a)(2) strains courts and individuals. Automatic expungement reduces backlogs and costs. In the June 4, 2025 Testimony of Julie S. Todman, Chief Territorial Public Defender Office of the Territorial Public Defender Position on Bill No. 36-0057 Virgin Islands, this efficiency will free judicial resources for active cases, ensuring swift relief for the acquitted. Dignity and Public Trust. An acquittal affirms innocence, yet persistent records stigmatize individuals, limiting civic participation. Bill 57 restores dignity by clearing records, aligning with the principle that justice does not penalize the innocent. This builds public trust reinforcing faith in Virgin Islands’ justice system. Conclusion By allowing for the automatic expungement of these records upon acquittal, the Virgin Islands joins a growing movement. The Office of the Territorial Public Defender fully supports efforts to increase the availability of expungements for Virgin Islanders. Making these processes automatic provides a great benefit to our citizens. I am pleased to provide my office’s wholehearted support behind Bill 36-0057 as a crucial step toward a more equitable justice system. Again, I thank this body for the opportunity to address this issue.