2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 9. THE FAMILY COURT OF THE STATE OF DELAWARE
Subchapter III Procedure
§ 1015. Filing an expungement petition.

(a) Persons eligible to petition for expungement. —

A child, through his or her parent, guardian, guardian ad litem or attorney, or upon becoming an adult, may file a petition seeking to expunge the child's juvenile arrest record. For the purposes of §§ 1016-1019 of this title, the child or person seeking an expungement shall be deemed "the petitioner."

(b) Prohibitions to expungement. —

(1) No person who has been adjudicated delinquent of first-degree murder (§ 636 of Title 11), second-degree murder (§ 635 of Title 11), first-degree kidnapping (§ 783A of Title 11), manslaughter under either § 632(2) or (5) of Title 11), rape first degree (§ 773 of Title 11), rape second degree (§ 772 of Title 11), arson first degree (§ 803 of Title 11), robbery first degree (§ 832 of Title 11), burglary first degree (§ 826 of Title 11), or home invasion (§ 826A of Title 11), or an attempt to commit any of the aforementioned offenses, shall be eligible for a juvenile expungement pursuant to § 1017 or § 1018 of this title.

(2) No person who has an adult conviction shall be eligible for a juvenile expungement.

(3) No person shall be eligible for an expungement while such person has pending criminal charges.

(4) No offenses in Title 21 shall be eligible for expungement nor shall such offenses be considered an adjudication or conviction for purposes of this statute. However, a felony conviction for driving a vehicle while under the influence shall be considered a conviction for purposes of this statute.

(c) Jurisdiction. —

All such petitions shall be filed in the Family Court in the county where the most recent case was terminated, disposed of, or concluded, even if the petition includes cases from more than 1 county.

(d) Contents of petition. —

(1) The petition shall set forth the relevant facts and request expungement of the police records and court records, and all indicia of arrest, including any electronic records, relating to the charge or charges.

(2) For discretionary petitions filed pursuant to § 1018 of this title, the petition shall also specifically set forth relevant facts demonstrating that the continued existence and possible dissemination of information relating to the arrest and, where applicable, adjudication, of petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner.

(3) Except as permitted by the Court pursuant to § 1017(c) of this title, the petitioner shall attach a copy of that petitioner's criminal history as maintained by the State Bureau of Identification to any petition filed pursuant to this subchapter. The State Bureau of Identification may charge a reasonable fee in providing a certified copy of the petitioner's criminal history. The Court shall summarily reject any petition for expungement that does not include the petitioner's criminal history.

(e) The Family Court shall consider the entire criminal history as maintained by the State Bureau of Identification in granting or denying the petition, consistent with §§ 1017 and 1018 of this title. The Court shall either grant the petition, ordering the expungement of the petitioner's entire juvenile criminal history, including all indicia of arrest, except for Title 21 offenses, or deny the petition. The Court may not order that only a portion of the petitioner's juvenile criminal history be expunged, unless the State, pursuant to § 1018(e) of this title in the interests of justice, petitions the Court to expunge an arrest that would otherwise not qualify for immediate and mandatory expungement under this subchapter. The Court may order expungement of charges originating in a different county.

78 Del. Laws, c. 188, § 2; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 343, § 1; 80 Del. Laws, c. 414, § 1.;