Opinion
C.A. No. 02X-04-008
Submitted: May 22, 2002
Decided: June 27, 2002
ORDER
On this 27th day of June 2002, upon consideration of petitioner's petition for expungement of criminal record, it appears that:
(1) The petitioner seeks expungement of a July 10, 2001 arrest, a November 1, 1999 arrest, an August 8, 1998 arrest and a November 27, 1996 arrest. The State has no opposition to the expungement of these arrests as they were all resolved by either an acquittal or a nolle prosequi.
State's Response to Petition For Expungement at 1. The State's response states that they do not oppose the expungement of an August 27, 1996 arrest. However, the petitioner was not arrested on August 27, 1996. The petitioner was arrested on November 27, 1996. The petitioner seeks expungement of that arrest. Because that arrest resulted in a nolle prosequi, I presume that the State does not object to the expungement of that arrest as it meets the same criteria of arrests that they do not object to. In sum, the State appears to have incorrectly listed the November 27, 1996 as an August 27, 1996.
(2) The petitioner seeks expungement of an October 7, 1994 arrest for driving without a license and criminal contempt. The State did not address this arrest in their response.
(3) The petitioner seeks expungement of a October 14, 1996 arrest, a September 23, 1996 arrest, a June 25, 1996 arrest, a June 10, 1996 arrest, a November 1, 1995 arrest, and a May 25, 1995 arrest. The State opposes the expungement of these arrests, as they were all adjudicated in Family Court. Family Court, not this Court, has the authority to expunge those arrests.
Del. C. Ann. tit. 10 Del. C. § 1001 (1999). See also Trader v. State, 2000 WL 970675, at *1 (Del.Super.Ct. January 19, 2000).
(4) The petition to expunge is GRANTED as to: a July 10, 2001 arrest, containing criminal action numbers PN017346, PN017347, MN01071434, PN017348; a November 1, 1999 arrest, containing criminal action numbers PN999591, PN999592, PN999593, PN999594; a August 8, 1998 arrest, containing case number 9808007211; a November 27, 1996 arrest, containing criminal action number MN96120580; an October 7, 1994 arrest for driving without a license and criminal contempt, containing case number 9410003694; an April 20, 2001 arrest, containing case number 0104013232; and a June 6, 2000 arrest for driving without a license, containing criminal action number MN00100184.
(5) This court lacks jurisdiction to consider the following: an October 14, 1996 arrest, containing DUC number 9610005464; a September 23, 1996 arrest, containing DUC number 9609014798; a June 25, 1996 arrest, containing DUC number 9606020825; a June 10, 1996 arrest, containing DUC number 9607014094; a November 1, 1995 arrest, containing DUC number 9511009126; a May 25, 1995 arrest, containing DUC number 9506015610; and a March 21, 1994 arrest, containing DUC number 9404009465. Such matters must be presented to the Family Court.
IT IS SO ORDERED.