In re D.G., 2026 Del. Fam. Ct. LEXIS 20 (Del. Fam. Ct. 2026)

The Delaware Family Court granted an expungement petition of a previous juvenile sex offense adjudication based on testimony showing low recidivism risk and specific collateral consequences related to the juvenile record. The court stated in relevant part:

In considering a petition for discretionary expungement under 10 Del. C. § 1018(a)(3), the Court is tasked with finding whether the “continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner.” If manifest injustice exists, the Court “shall enter an order requiring the expungement of the police and court records and all other indicia of arrest, including any electronic records, relating to the charge or case.”

Although “manifest injustice” is not defined in the statute, this Court noted in C.M. v. State that the General Assembly intended “to treat juveniles and juvenile arrest records in a relatively lenient manner for expungement purposes.” The statute requires the Court to recognize a rebuttable presumption that a juvenile record causes a manifest injustice. While an expungement petitioner must nevertheless plead and prove facts showing manifest injustice, “the bar for proving manifest injustice is not high.” The Superior Court and Family Court have recognized a broad swath of collateral consequences that can constitute manifest injustice, including limits on employment, unwarranted investigations causing embarrassment, education barriers, and difficulties in securing housing.

Here, D—– has alleged and proved specific facts supporting his case for manifest injustice. In addition to the employment concerns highlighted by Dr. Dovi, D—– raised significant collateral consequences to having a juvenile record. While he was in school, he was mercilessly bullied over his adjudication. Miraculously, D—– managed to graduate from high school despite such adversity, and he later started his own drywall company. He currently lives in a mobile home park with his wife and wishes to move to a permanent house in a neighborhood, but he fears that his adjudication will become public. Additionally, he is worried about starting a family because his ability to participate in future school and community activities could be hampered by his record. Perhaps most significant and timely, D—– will be required to renew his green card in 2027. Each time he has applied for his green card, his juvenile adjudication has become an issue for his immigration status, causing him stress, embarrassment, and concern for renewal or a future application for citizenship.