Opinion
C.A. No. 05X-08-002 THG.
August 21, 2006.
Eric G. Mooney, Esquire, Georgetown, DE.
James W. Adkins, Esquire, Department of Justice, Georgetown, DE.
Dear Counsel:
The delay in responding in this matter was due to the hope that the legislature was going to modify the expungement statute. That was taken under advisement by the legislature but was not acted upon in the last session.
This is the case where the Court initially denied Mr. Mooney's Petition for Expungement. Thereafter, I learned that the Supreme Court had determined that a probation before judgment was expungable pursuant to the Supreme Court regardless of the time limitations in 11 Del. C. § 4218. Therefore, I reversed myself in the case of State v. Armiger, Del. Super., C.A. No. 05X-07-004, Graves, J. (Dec. 12, 2005) (Letter Op.).
Mr. Mooney has asked that since I denied the petition of Mr. Geyer based upon the erroneous interpretation of the probation before judgment statute, I should revisit Mr.Geyer's case. I agree. If there is a wrong, there should be a remedy. After reconsidering the petition, I find that the probation before judgment dismissal should be dismissed. The petition is granted.
IT IS SO ORDERED.
Yours very truly,
T. Henley Graves