(a) The Family Court shall grant a petition for expungement if the petitioner has no prohibitions pursuant to § 1015(b) of this title and the person’s juvenile criminal history indicates:
(1) Only misdemeanor and violation cases that were terminated in favor of the child; or
(2) Only felony, misdemeanor and violation cases that were terminated in favor of the child and at least 1 year has passed since the last felony case was terminated in favor of the child; or
(3) No more than 1 felony, misdemeanor or violation case which resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided 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 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 juvenile criminal history, including all indicia of arrest. Prior to ordering expungement pursuant to 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. In cases reviewed by the Court pursuant to this subsection, the children must otherwise qualify for expungement under paragraph (a)(1) or (a)(2) of this section. The Court may waive the 1- year waiting period under paragraph (a)(2) of this section. 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, pursuant to 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 shall not toll the applicable appeal period.
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.
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