CHAPTER 326

FORMERLY

SENATE BILL NO. 227

AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE, RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE; AND PROVIDING FOR EXPUNGEMENT OF RECORDS UNDER CERTAIN CIRCUMSTANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §930, Chapter 9, Title 10 of the Delaware Code by redesignating present subsection (b) as new subsection (c),

Section 2. Amend §930, Chapter 9, Title 10 of the Delaware Code by adding thereto a new subsection, designated as subsection (b), which new subsection shall read as follows:

"(b) Where a child under 18 years of age has been charged with an act of delinquency, and:

(1) the charges have been nolle prosequied, dismissed or dropped; or

(2) the charges have been disposed of through arbitration or otherwise without an adjudication of delinquency, the person so charged or a representative of such person on his behalf may file a petition with the Court setting forth all the relevant facts in the matter and requesting expungement of all indicia of arrest, and all applicable police and court records relating to the charge. The Court, in the best interest of both the child and the State, may grant or refuse to grant the relief requested in the petition."

Approved July 2, 1984.