BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subchapter III, Chapter 9, Title 10 of the Delaware Code by making deletions as shown by strikethrough as follow:
§ 1016. Definitions applicable to juvenile expungements.
(8) "Violent misdemeanor" means a delinquent act constituting 1 of the misdemeanors enumerated under § 603, § 611, § 621, § 628, § 781, § 1257, or § 1325 of Title 11.
§ 1017. Mandatory expungement.
(a) The Family Court shall grant a petition for expungement if the petitioner has no prohibitions pursuant to § 1015(b) of this title and the person's juvenile criminal history indicates:
(1) Only misdemeanor and violation cases that were terminated in favor of the child; or
(2) Only felony, misdemeanor and violation cases that were terminated in favor of the child and at least 1 year has passed since the last felony case was terminated in favor of the child; or
(3) No more than 1 felony, misdemeanor or violation case which resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided the adjudication was not for a violent felony,
violent misdemeanor, or felony sex offense, or misdemeanor sex offense as those terms are defined in § 1016 of this title.
Approved May 18, 2017