Opinion
C.A. No. 99X-12-014.
Submitted: January 14, 2000.
Decided: January 19, 2000.
Upon Petitioner's motion to proceed in forma pauperis: GRANTED
Upon review of the complaint: DISMISSED
ORDER
This 19th day of January, 2000, upon consideration of Petitioner's motion to proceed in forma pauperis, it appears to the Court that:
(1) Nefertiri Trader ("Trader") has filed an application to proceed in forma pauperis. She has filed a petition for expungement of criminal record in this Court pursuant to 11 Del. C. § 4372.
(2) An application to proceed in forma pauperis must be accompanied by certain information supported by affidavit.
(3) Trader has provided the required materials and this Court finds that she may proceed in forma pauperis. No fees or court costs to be paid.
(4) Upon granting an application to proceed in forma pauperis, the Court is required to review the complaint. This review is to determine whether the complaint should be dismissed as factually frivolous, malicious, or legally frivolous. The Court's review discloses the following conclusions of fact and law.
Id.
(5) Trader's petition for expungement of criminal record indicates that she seeks to have expunged "misdemeanors" on "different dates, 1998." Her criminal record includes various charges between July 31, 1997 and February 27, 1999, however, it does not appear that there were any charges filed against Trader in 1998. All but one of these charges were filed prior to her eighteenth (18th) birthday. Based upon the record before this Court, the disposition of Trader's charges are unclear.
(6) In its response, the State contends that it "is unable to respond to this petition as it fails to set forth the specific charges Petitioner seeks to have expunged. In light of the fact that petitioner did not turn eighteen (18) years of age until February 21, 1999, her petition likely needs to be filed in Family Court."
(7) The pertinent statute, 10 Del. C. § 1001, states in relevant part:
(b) Where a child under 18 years of age has been charged with an act of delinquency, and;
(1) The charges have been nolle prosequied, dismissed or dropped, or
(2) the charges have been disposed of through arbitration or otherwise without an adjudication of delinquency,
the person so charged or a representative of such person on the person's behalf may file a petition with the [Family] Court setting forth all the relevant facts in the matter and requesting expungement of all indicia of arrest and all applicable police and court records relating to the charge.
(8) Because Trader's petition deals with charges brought against her as a juvenile, she must file a petition for expungement in Family Court.
(9) For the foregoing reasons, Trader's petition is DISMISSED.
SO ORDERED.