Ryan v. State

Summary

The Delaware Supreme Court held that a person discharged from probation before judgment under 11 Del. C. § 4218 is eligible to seek expungement under 11 Del. C. § 4372 because the discharge results in dismissal of the case. The court reversed and remanded for the Superior Court to consider whether expungement should be granted under the manifest-injustice standard.

Holdings

1. A person discharged from probation before judgment under 11 Del. C. § 4218 is eligible to seek expungement under 11 Del. C. § 4372 because discharge results in dismissal of the case, and dismissal is an express statutory category eligible for expungement.
2. The five-year restriction on the use of probation before judgment did not bar Ryan from seeking expungement because the expungement statute contains no corresponding five-year waiting period.

Questions Presented

1. Whether a defendant who pleads guilty and is discharged from probation before judgment under 11 Del. C. § 4218 is eligible to petition for expungement under 11 Del. C. § 4372(a)(2).
2. Whether the five-year limitation associated with use of probation before judgment bars the defendant from seeking expungement.

Disposition

reversed_and_remanded