Delaware Code Title 14 Sec. 2735 – Special procedure for expungement of truancy records
(a) At the time that a case is closed because there has been compliance with all Family Court or Justice of the Peace Court orders issued pursuant to this subchapter, the following shall be automatically expunged:
(1) Any records of charges against or the conviction of a parent or guardian for failure to send; or
(2) Any records of the charges or adjudication of truancy against a student.
Attorney's Note
Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 6 months | up to $1,150 |
Terms Used In Delaware Code Title 14 Sec. 2735
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Conviction: A judgement of guilt against a criminal defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In any case which was closed because there was compliance with all Family Court or Justice of the Peace Court orders and the automatic expungement required by subsection (a) of this section did not occur either due to error or omission on the part of the court or the prosecuting agency or because such expungement was not authorized at the time the case was closed, the court that issued the order shall grant such expungement upon motion of a parent, guardian or student. There shall be no filing fee for such applications.
(c) Following the closing of a case for any reason other than compliance with all Family Court or Justice of the Peace Court orders, the records listed in subsection (a) of this section may only be expunged upon application to the court that issued the order. That court may, in its discretion, grant or deny the request or make the granting of such request subject to such reasonable terms and conditions as may be appropriate. The civil filing fee shall apply to such applications.
(d) Upon either the automatic expungement of records or the issuance of an order expunging truancy records:
(1) The State Bureau of Identification shall take all necessary steps to ensure that the expunged records or the information contained therein is not released for any reason except as specified in this section. In response to requests from persons other than law-enforcement officers for such information or records, the State Bureau of Identification, law-enforcement officers or Truancy Court officials in the course of another truancy case involving the same parent or child and departments shall reply that there is no record.
(2) Except for the disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or to Truancy Court officials in the course of another truancy case involving the same parent or child, it shall be unlawful for any person having or acquiring access to an expunged truancy record to open or review it or to disclose to another person any information from it without a court order.
(3) Disclosure to law-enforcement officers shall be permitted only for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect and the crime being investigated is a felony or, with regard to records of parents or guardians for failure to send, pursuant to an investigation of an employment application as an employee of a law-enforcement agency.
(4) Nothing herein shall require the destruction or deletion of records of the Department of Justice, DELJIS or court records, including electronic records. However, all court DELJIS and Department of Justice records relating to a charge or case which has been expunged shall be so handled as to ensure that any information contained therein shall not be disclosed to the public.
(5) An offense for which records have been expunged pursuant to this section shall not have to be disclosed by the person for any reason.
(6) Any person who violates paragraph (d)(2) of this section shall be guilty of a class B misdemeanor, and shall be punished accordingly.