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§ 4372 Termination of criminal action in favor of accused [Effective until Dec. 27, 2019].

11 DE Code § 4372 (2019) (N/A)
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(a) If a person is charged with the commission of a crime or crimes and the case is terminated in favor of the accused, the person may request the expungement of the police records and the court records relating to the case pursuant to the provisions of this subchapter.

(b) For the purposes of this subchapter, a case shall be deemed to be “terminated in favor of the accused” only if:

(1) The accused is acquitted of all charges related to the case;

(2) A nolle prosequi is entered on all charges related to the case;

(3) The accused is placed on probation before judgment, fulfills the terms and conditions of probation, and the court enters an order discharging the person from probation; or

(4) All charges related to the case are otherwise dismissed.

(c) For the purposes of this subchapter, “case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.

62 Del. Laws, c. 317, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 150, § 5; 76 Del. Laws, c. 392, § 1; 79 Del. Laws, c. 211, § 2.

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§ 4372 Applicability; definitions; effect of expungement [Effective Dec. 27, 2019].