Delaware Code Title 11 Sec. 4376 – Disclosure of expunged records
(a) (1) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it is unlawful for any person having or acquiring access to an expunged court or law-enforcement agency record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged.
(2) In addition to such other lawful purposes as may be prescribed by law or otherwise, criminal justice agencies shall have access to the following:
a. Records of expunged probations before judgment and past participation in the First Offenders Controlled Substance Diversion Program, First Offenders Domestic Violence Diversion Program, or a court-supervised drug diversion program for the purpose of determining whether a person is eligible for a probation before judgment, under § 4218 of this title; participation in the First Offenders Controlled Substance Diversion Program, under § 4767 of Title 16; participation in the First Offenders Domestic Violence Diversion Program, under § 1024 of Title 10; or participation in a court-supervised drug diversion program.
b. For criminal justice agencies involved in the licensing of individuals to carry a concealed deadly weapon under § 1441 of this title, records of expunged cases for the purpose of determining whether an individual meets the requirements to be granted a license to carry a concealed deadly weapon.
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 11 Sec. 4376
- Arrest: Taking physical custody of a person by lawful authority.
- Board of Pardons: means that Board as established by the Constitution and laws. See Delaware Code Title 11 Sec. 4302
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts. See Delaware Code Title 11 Sec. 4302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
- Docket: A log containing brief entries of court proceedings.
- Law: means the laws of this State, including any ordinance of any subdivision or municipality. See Delaware Code Title 11 Sec. 4302
- Probation: means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department's field services. See Delaware Code Title 11 Sec. 4302
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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) Where disclosure to law-enforcement officers in the lawful performance of their duties in investigating criminal activity is permitted by subsection (a) of this section, such disclosure applies for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect or pursuant to an investigation of an employment application as an employee of a law-enforcement agency.
(c) Nothing contained in this subchapter requires the destruction of photographs or fingerprints taken in connection with any felony arrest, or DNA taken under § 4713 of Title 29, and which are utilized solely by law-enforcement officers in the lawful performance of their duties in investigating criminal activity.
(d) Nothing contained in this subchapter requires the destruction of court records or records of the Department of Justice. However, all such records, including docket books, relating to a charge or conviction which has been the subject of a destruction order must be so handled to ensure that they are not open to public inspection or disclosure.
(e) An offense for which records have been expunged under this subchapter does not have to be disclosed by the person for any reason.
(f) Any person who violates subsection (a) of this section is guilty of a class B misdemeanor, and must be punished accordingly.
(g) The State Bureau of Identification shall make available to criminal justice agencies such electronic records as will enable criminal justice agencies to determine whether a person who seeks to participate in the First Offenders Controlled Substance Diversion Program, participate in the First Offenders Domestic Violence Diversion Program, obtain a probation before judgment disposition, or participate in a court-supervised drug diversion program has done so before and had the record expunged.
(h) Notwithstanding subsection (a) of this section, if a defendant is convicted of an offense after an expungement is granted under this subchapter, the Supervisor of the State Bureau of Identification shall, upon request, provide all of the following with expunged records for the following purposes:
(1) A court, the Attorney General, and the defendant, for use or consideration during the defendant’s sentencing.
(2) The Governor or the Board of Pardons, for use or consideration if the defendant applies for a pardon for the subsequent offense.
62 Del. Laws, c. 317, § ?2; 76 Del. Laws, c. 392, § ?3; 77 Del. Laws, c. 348, §§ ?3-6; 78 Del. Laws, c. 13, § ?14; 78 Del. Laws, c. 256, §§ ?7-12; 82 Del. Laws, c. 83, § 6;