CHAPTER 588

AN ACT TO AMEND CHAPTER 39, TITLE 11, DELAWARE CODE, BY PROVIDING FOR THE DESTRUCTION OF ALL INDICIA OF ARREST FROM A PERSON'S RECORD WHERE SUCH PERSON WAS NOT CONVICTED OF THE CRIME FOR WHICH SUCH PERSON WAS ARRESTED.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 39, Title 11, Delaware Code, is hereby amended by adding one new subsection to read as follows:

§ 3914. Destruction of Indicia of arrest

a. Whenever a person with no prior criminal record is arrested and is not convicted of any crime nor adjudged a delinquent as a result of the arrest, the Superior Court in the county wherein such person resides or if such person does not reside in the State of Delaware, The Superior Court of New Castle County, upon petition of such person, may order that all indicia of arrest, including without limitation any record entry, photographs or fingerprints, be destroyed. Upon the issuance of any such order of the Superior Court it shall not be necessary for such person to report or acknowledge that he has ever been arrested for the crime, the record of which has been destroyed.

b. Any petition filed pursuant to subsection "a" shall be served upon the Attorney General and no action shall be taken by The Superior Court for ten days after the date of such service.

Approved June 22, 1970.