CHAPTER 36

FORMERLY

HOUSE BILL NO. 75

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT JUVENILE EXPUNGEMENT.

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

Section 1. Amend § 1018(a)(3), Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1018 Discretionary expungement.

(3) A child has no more than 2 adjudications of delinquency involving separate and distinct cases where no more than one of the offenses for which the child was adjudicated delinquent are is designated as misdemeanors or violations in Title 4, 7, 11, 16 or 23, or a county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any offenses enumerated in Title 4, 7, 11, 16 or 23, a felony, excepting violent misdemeanors, provided the petitioner has no prior adjudication of delinquency felonies, and provided the petitioner has no other subsequent adjudication of delinquency or adult conviction for an offense under Title 4, 7, 11, 16, or 23 or an equivalent offense under a county or municipal code, ordinance or regulation, and provided that the petitioner has no pending criminal charges, and provided that at least 5 years have passed following the date the second adjudication of delinquency was entered in Family Court. A felony adjudication expunged pursuant to this section shall cease to be the basis for a person prohibited pursuant to § 1448(a)(4) of Title 11.

Approved June 17, 2015