CHAPTER 265

FORMERLY

SENATE BILL NO. 79

AS AMENDED BY

SENATE AMENDMENT NO. 2

AND

HOUSE AMENDMENT NO. 1 AS AMENDED BY HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 904 OF TITLE 4 OF THE DELAWARE CODE RELATING TO OFFENSES BY PERSONS UNDER THE AGE OF 21.

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

Section 1. Amend section 904 of Title 4 of the Delaware Code by adding a new subsection (o) as follows:

“(o) Any person who was convicted of a first offense under subsections (e) and (f) of this section or the same offense under any county or municipal code, ordinance, or regulation and who was under the age of 21 at the time of the offense may, upon reaching the age of 21, apply for an expungement of the record of the conviction and any indicia of arrest to the court in which the person was convicted. For violations of subsections (e) or (f) of this section, an order granting such expungement shall issue upon proof that the person has reached the age of 21, unless the person has failed to comply with the sentencing order or the person has another charge under this section, or under the same offense under any county or municipal code, ordinance, or regulation, which remains outstanding. Upon issuance of the order of expungement, the records of the conviction and any indicia of arrest shall be dealt with in accordance with the procedures specified in sections 4373(c), 4374 and 4375 of Title 11 of this Code. Nothing in this section shall prohibit the Family Court from expunging a record of conviction as otherwise provided by law. The application for or granting of a pardon pursuant to 11 Del. C. §§4361 through 4363 of this title shall not prohibit an expungement under this section. All sentencing orders for violations of this section by persons under the age of 21 at the time of the offense shall state that the record of the conviction may be expunged upon reaching the age of 21 and thereafter. The civil filing fee shall apply to applications for expungement plus a $100.00 fee payable to the State Bureau of Investigation for administrative costs.”

Section 2. This Bill shall amend §904 of Title 4 of the Delaware Code as it presently exists, and as it will exist effective May 17, 2007.

Approved May 15, 2006