CHAPTER 491

FORMERLY HOUSE BILL

NO. 939 AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10, DELAWARE CODE, TO PROVIDE FOR THE EXPUNGING OF THE RECORD OF ADJUDICATION UPON THE STATUS OF CHILDREN, AND THE DESTRUCTION OF INDICIA OF ARREST IN CERTAIN CASES.

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

Section 1. Amend Title 10, Delaware Code, by adding a new section thereto to read as follows:

§ 930. Records; expunging evidence of adjudication; destroying indicia of arrest

(a) In any case wherein an adjudication has been entered upon the status of a child under 18 years of age and three years has elapsed since the date thereof and no subsequent adjudication has been entered against such child, he, his parent or guardian may present a duly verified petition to the court setting forth all the facts in the matter and praying for the relief provided for in this section; provided, however, that in any case wherein an adjudication has been entered upon the status of a child under 18 years of age and said child intends to enlist in any branch of the Armed Forces of the United States, he may at any time after the date of such adjudication present a duly verified petition to the court setting forth all the facts in the matter including his intention to enlist documented in writing by the applicable military authority in said armed forces and praying for the relief provided in this section, and provided further that pursuant to the provisions and subject to the limitations hereinafter provided for in this section, an order directing an expunging from the records of all evidence of such adjudication upon the status of any such child and the destruction of all indicia of arrest including fingerprints and photographs may be granted.

order fix a time not less than ten nor more than thirty days thereafter for the hearing of the matter, a copy of which order shall be served in the usual manner upon the Attorney General within five days from the date of such order and at the time so appointed the court shall hear the matter and if no material objection is made and no reason appears to the contrary, an order may be granted directing the Clerk of the court to expunge from the records all evidence of such adjudication, excepting adjudications involving the following crimes: second degree murder, first degree arson, and first degree burglary, and further directing that all indicia of arrest including fingerprints and photographs be destroyed.

Approved July 5, 1972.