Dana Fuller, Defendant-Below, Appellant v. State of Delaware, Plaintiff-Below, Appellee

Summary

The court held that Title 21 motor-vehicle violations are not “subsequent adult convictions” that categorically bar discretionary expungement of a juvenile record under the juvenile expungement statute. It relied on the statutory context, the express omission of Title 21 from the listed offenses, the State Bureau of Identification records required for an application, and the statute’s protective purpose. The court reversed the Family Court because Fuller’s traffic violations were the only stated basis for denying expungement and directed that her motion be granted on remand. VALIHURA, Justice, dissenting, joined by DAVIS, Judge, would have affirmed because the statutory definition of “offense” includes Title 21 violations and the legislature, not the court, should address the harsh result.