Review and Expunction of Central Registries and Reporting Records - American Samoa

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Ann. Code § 45.2028

At any time after the completion of the investigation, but no later than 10 years after the receipt of the report, a subject of the report may request the head of the registry to amend, seal, or expunge the record of the report. If the head of the registry refuses or does not act within a reasonable time, but in no event later than 30 days after the request, the subject shall have the right to a fair hearing to determine whether the record of the report in the central registry should be amended or expunged on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with the law.

The burden in the hearing shall be on the Department of Public Safety. In the hearings, the fact that there was a finding of child abuse, sexual abuse, or neglect is presumptive evidence that the report was substantiated.

When Records Must Be Expunged

Citation: Ann. Code §§ 45.2025; 45.2026

Unless an investigation determines there is some credible evidence of alleged abuse, sexual abuse, or neglect, all information identifying the subject of the report is immediately expunged from the central registry.

In all other cases, the record of the report to the central registry is sealed no later than 10 years after the subject child's 18th birthday. Once sealed, the record shall not otherwise be available unless the head of the central registry, upon notice to the subjects of the report, gives his or her personal approval for an appropriate reason.