Overview Description

A record relating to only misdemeanors and violation cases that were terminated in favor of petitioner can be expunged during the Court proceeding at which the case was terminated. 10 Del. C. § 1017(a).

Ineligible Category or Citation

To be eligible for expungement, petitioner may not have adjudications for certain serious offenses, adult convictions, or pending criminal charges. Traffic offenses under Title 21 may not be expunged, except for a felony conviction for driving while under the influence. 10 Del. C. § 1015(b).

Procedure General

During the court proceeding where any misdemeanor or violation cases is terminated in favor of the child, the Court may immediately order expungement of the juvenile criminal history, including all indicia of arrest. 10 Del. C. § 1017(c).

The Court has the discretion to deny immediate expungement and require the child to file a petition instead. 10 Del. C. § 1017(c).

Fees

There is no statutory language regarding fees.

Effect

If an order expunging a juvenile criminal history is granted by the Court, all indications of the arrest, including police and court records and any electronic records relating to the arrest, will be removed from the files within 60 days and placed under the control of the Supervisor of the State Bureau of Identification (SBI). The SBI Supervisor will ensure that neither the records nor the information are released for any reason except as specified in section 1019. 10 Del. C. § 1019(a).

Waiting Periods

The record may be expunged immediately.

(non-prod server)