My brother was charged for selling liquor without license. Can we get his case records expunged?
Full Question:
My brother was charged for selling liquor without license. The court found him not guilty and the case was dismissed. My friend told me to get his case records expunged, is that possible? We live in Delaware.
02/23/2017 |
Category: Criminal ยป Expungement ... |
State: Delaware |
#32734
Answer:
In title 4, under Chapter 7- 4 Del. C. § 701, it is crime for a person who is not a manufacturer or a license holder to sell alcoholic liquor in Delaware. And according to 11 Del. C. § 4373, if a person is charged with a commission of a crime under title 4 and the case gets terminated in the favor of the accused, then he may get his case records expunged. For a better understand you can have a look at both the statutory provisions mentioned above.
11 Del. C. § 4373:
“Mandatory expungement
(a) If a person is charged with the commission of a crime which is designated as a misdemeanor or violation in Title 4, 7, 11, 16 or 23, or a county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any Title 4, 7, 11, 16 or 23 offense, excepting those crimes specifically exempted in subsection (c) of this section, and the case is terminated in favor of the accused, and the person has not previously been convicted of another criminal offense, upon an appropriate request to the State Bureau of Identification by such person the police records and court records, including any electronic records, relating to the charge or charges shall be expunged if the person has not been convicted of any crime since the date upon which the case was terminated in favor of the accused.”
4 Del. C. § 701:
“Persons authorized to make sale and delivery of alcoholic liquors
No sale and delivery of alcoholic liquor shall be made in this State unless by a manufacturer or other person who holds a license of the Commissioner to sell and deliver alcoholic liquor and unless the sale and delivery is made to a person who is authorized to receive alcoholic liquor under Chapter 5 of this title.”
