Delaware: Juvenile Court Records and Law Enforcement Records (DE-AR-11)

An adjudication for prostitution, loitering, or obscenity can be vacated by the court, and the related records can be expunged, after two years. 11 Del. C. § 787(j).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

This policy applies only to prostitution, loitering, and obscenity. 11 Del. C. § 787(j).

Procedure General

The petition must be filed in the Family Court where the case was adjudicated. For specific procedure, see 11 Del. C. § 787(j).

Fees

There is no statutory language on fees.

Effect

The court enters an order vacating the adjudication and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires. 11 Del. C. § 787(j)(2).

Waiting Periods

The petition can be filed two years after the person's last criminal conviction and must be filed within "a reasonable period of time" after the person ceases to be a victim of trafficking. 11 Del. C. § 787(j)(2)(c).

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