Conditional Discharge and Dismissal for First Offenders; Permitted

(a)Whenever any person who has not previously been convicted of an offense under this Act or under any statute of the United States or of any state relating to narcotic drugs or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under § 67.401.2(a), the Court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the Court may enter an adjudication of guilty and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the Court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this Section shall be without Court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon CH. 67 GUAM UNIFORM CONTROLLED SUBSTANCES ACT conviction of a crime. Discharge and dismissal under this Section may occur only once with respect to any person.

(b)Upon the dismissal of such person and discharge of the proceedings against him under Subsection (a), such person may apply to the Court for an order to expunge from all official records, other than the nonpublic records to be retained by the Court solely for the purposes of use by the Courts in determining whether or not, in subsequent proceedings, such person qualifies under this Section, all recordation relating to his arrest, indictment or information, trial, finding of guilty and dismissal and discharge pursuant to this Section. If the Court determines after hearing, that such person was dismissed and the proceedings against him discharged, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment or information. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.

(c)[No text]

(1)A person may seek expungement if he or she has successfully completed drug treatment consistent with the treatment in the drug court program set forth in this Section and § 67.413 and sustained a conviction under this Chapter from the Superior Court between January 1, 1995 and December 31, 2005. Such persons must not have been previously convicted of an offense under this Title 9, and otherwise meet all criteria for participation in the current drug court program as set forth in this Section and § 67.413, and must not have been convicted since the drug conviction of a felony or a misdemeanor involving violence.

(2)Any application for expungement pursuant to the participation in the drug treatment options between January 1, 1995 and December 31, 2005, shall be filed in the original criminal case file number in the same way as adjudications pursuant to Subsection

(b)of this Section are currently handled, and all such requests for expungement shall be assigned to the Presiding Judge of the Superior Court of Guam.