Delaware Code Title 10 Sec. 1016 – Definitions applicable to juvenile expungements
For purposes of juvenile expungement, unless the context otherwise requires:
(1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial.
(2) “Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement.
(3) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution.
(4) “Felony sex offense” means a delinquent act constituting any felony offense listed in § 4121(a)(4) of Title 11.
(5) “Misdemeanor sex offense” means a delinquent act constituting any misdemeanor offense listed in § 4121(a)(4) of Title 11.
(6) “Terminated in favor of the child” means 1 of the following occurs:
a. The child is acquitted of all charges related to the case.
b. A nolle prosequi is entered on all charges related to the case.
c. The charges have been otherwise dismissed for any reason, including dismissals following successful completion of arbitration, probation before adjudication of delinquency, or any court-approved diversion program.
d. The child is arrested for the commission of 1 or more crimes and no charges related to the matter for which the child was arrested are filed in a court within 1 year of the arrest.
e. A charge or case is 7 or more years old and there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending. This paragraph (6)e. does not apply if there is an active warrant in the case, if there is a documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child.
(7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11.
(8) [Repealed.]
78 Del. Laws, c. 188, § ?2; 78 Del. Laws, c. 343, § ?2; 80 Del. Laws, c. 414, § 1; 81 Del. Laws, c. 17, § 1; 83 Del. Laws, c. 266, § 2; 83 Del. Laws, c. 418, § 2;
Terms Used In Delaware Code Title 10 Sec. 1016
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302