Delaware § 1016 Definitions applicable to juvenile expungements

Delaware Statutes

§ 1016 — Definitions applicable to juvenile expungements

Delaware·Title 10·Part Organization, Powers, Jurisdiction and Operation of Courts·Ch. 9 THE FAMILY COURT OF THE STATE OF DELAWARE·Subch. Procedure

For purposes of juvenile expungement, unless the context otherwise requires:

(1)“Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial.

(2)“Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement.

(3)“Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.

(4)“Felony sex offense” means a delinquent act constitu

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For purposes of juvenile expungement, unless the context otherwise requires:

(1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial.

(2) “Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement.

(3) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.

(4) “Felony sex offense” means a delinquent act constituting any felony offense listed in § 4121(a)(4) of Title 11.

(5) “Misdemeanor sex offense” means a delinquent act constituting any misdemeanor offense listed in § 4121(a)(4) of Title 11.

(6) “Terminated in favor of the child” means 1 of the following occurs:

a. The child is acquitted of all charges related to the case.

b. A nolle prosequi is entered on all charges related to the case.

c. The charges have been otherwise dismissed for any reason, including dismissals following successful completion of arbitration, probation before adjudication of delinquency, or any court-approved diversion program.

d. The child is arrested for the commission of 1 or more crimes and no charges related to the matter for which the child was arrested are filed in a court within 1 year of the arrest.

e. A charge or case is 7 or more years old and there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending. This paragraph (6)e. does not apply if there is an active warrant in the case, if there is a documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child.

(7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11.

(8) [Repealed.]

Delaware § 1016 (Definitions applicable to juvenile expungements) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

78 Del. Laws, c. 188, § 2 ; 78 Del. Laws, c. 343, § 2 ; 80 Del. Laws, c. 414, § 1 ; 81 Del. Laws, c. 17, § 1 ; 83 Del. Laws, c. 266, § 2 ; 83 Del. Laws, c. 418, § 2