§ 1017 — Mandatory expungement

Delaware § 1017

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

Text

(a) The Family Court shall grant a petition for expungement if 1 or more of the following apply to the person’s juvenile criminal history:

(1) A case was terminated in favor of the child.

(2) A case that resulted in an adjudication of delinquency only for 1 or more of the following:

a. Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4.

b. Possession of marijuana under § 4764 of Title 16.

c. Possession of drug paraphernalia under § 4771 of Title 16.

(3) The person’s juvenile criminal history includes no more than 1 felony, misdemeanor, or violation case that resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided that all of the following apply:

a. The adjudication was not for a violent felony, felony sex offense, or misdemeanor sex offense as those terms are defined in § 1016 of this title.

b. The petitioner has no prohibitions under § 1015(b) of this title.

(b) The petitioner is not required to serve a copy of the petition on the Attorney General’s office when filing for mandatory expungement pursuant to this section. If the Court finds that a mandatory expungement petition does not meet the requirements for granting and sua sponte considers it as a petition for discretionary expungement, the Court shall serve a copy of the petition on the Attorney General’s Office.

(c) During the Court proceeding where any felony, misdemeanor or violation case is terminated in favor of the child, the Court sua sponte, or upon request of any party, may immediately order expungement of the entire juvenile criminal history or a case, including all indicia of arrest. Prior to ordering expungement under this subsection, the Court shall review a name-based Delaware criminal background check conducted through the Delaware Justice Information System (DELJIS), in order to ensure eligibility. The Court has discretion to deny immediate expungement and require compliance with § 1015(d) of this title. An order to expunge a felony, misdemeanor, or violation case from the juvenile’s record, under this subsection, shall be stayed for 30 days and may, upon motion by the Attorney General, be vacated within that 30 days, as prescribed by Delaware law. This stay does not toll the applicable appeal period.

(d) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.

Legislative History

78 Del. Laws, c. 188, § 2 ; 78 Del. Laws, c. 343, § 3 ; 80 Del. Laws, c. 414, § 1 ; 81 Del. Laws, c. 17, § 1 ; 81 Del. Laws, c. 451, § 1 ; 83 Del. Laws, c. 266, § 3 ; 83 Del. Laws, c. 418, § 2