CHAPTER 150
FORMERLY
SENATE BILL NO. 159
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE REGARDING THE EXPUNGEMENT OF ARREST RECORDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §1001(b) of Title 10 by adding a new paragraph (3) to read as follows:
“(3) Notwithstanding any provision to the contrary, the Attorney General or designee responsible for prosecuting a delinquency action may petition the Court to expunge the instant arrest record of a juvenile if at the time of a state motion to dismiss or entry of nolle prosequi in the case, the prosecutor has determined that the continued existence and possible dissemination of information relating to the arrest of the juvenile for the matter dismissed or for which a nolle prosequi was entered may cause circumstances which constitute a manifest injustice to the juvenile.”
Section 2. Amend §1001(b)(2) of Title 10, Delaware Code by adding at the end of that paragraph the following sentence:
“However, the court shall grant petitions filed by the Attorney General or his or her designee pursuant to §1001(b)(3) of this section.”
Section 3. Amend §1025 of Title 10, Delaware Code by adding a new subsection (g) to read as follows:
“(g) Notwithstanding any provision to the contrary, the Attorney General or designee responsible for prosecuting a criminal action may petition the court to expunge the instant arrest record of a defendant if at the time of a state motion to dismiss or entry of nolle prosequi in the case, the prosecutor has determined that the continued existence and possible dissemination of information relating to the arrest of the defendant for the matter dismissed or for which a nolle prosequi was entered may cause circumstances which constitute a manifest injustice to the defendant.”
Section 4. Amend §1025 of Title 10, Delaware Code by adding in subsection (d), after the third sentence, the following:
“However, the court shall grant petitions filed by the Attorney General or his or her designee pursuant to §1025(g) of this Title.”
Section 5. Amend §4372 of Title 11 by adding a new subsection (d) to read as follows:
“(d) Notwithstanding any provision to the contrary, the Attorney General or designee responsible for prosecuting a criminal action may petition the court to expunge the instant arrest record of a defendant if at the time of a state motion to dismiss or entry of nolle prosequi in the case, the prosecutor has determined that the continued existence and possible dissemination of information relating to the arrest of the defendant for the matter dismissed or for which a nolle prosequi was entered may cause circumstances which constitute a manifest injustice to the defendant.”
Section 6. Amend §4373(a) of Title 11 by adding after the third sentence, the following sentence:
“However, the Court shall grant petitions filed by the Attorney General or his or her designee pursuant to §4372(d) of this Title.”