DE HB410 | 2015-2016 | 148th General Assembly

Status

Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: Introduced on June 9 2016 - 25% progression, died in committee
Action: 2016-06-09 - Introduced and Assigned to Judiciary Committee in House
Pending: House Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]

Summary

In recognition of the fact that criminal records can be a hindrance to obtaining employment, education, or credit among citizens who are innocent or who have led responsible and law-abiding lives for a substantial period of time since being convicted of a crime, this bill would expand Delaware’s expungement law to provide for the mandatory expungement of some low-level convictions after a set period without any further convictions (3 years for a violation and 6 years for a misdemeanor), and to provide for the discretionary expungement for convictions if 5 years for misdemeanors and 7 years for nonviolent felonies has passed without any further convictions, but only if the petitioner proves that the expungement is in the interest of justice. The bill also provides for mandatory expungement of all arrests and charges that did not lead to criminal convictions and eliminates the fee charged to people seeking expungement for such arrests and charges. Finally, under current law, matters adjudicated in Family Court are subject to a separate but substantively identical expungement statute. This bill would put the Family Court adult expungements into the same section as Superior Court expungements to reduce the redundancy and promote uniformity.

Tracking Information

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Title

An Act To Amend Titles 4, 10, And 11 Of The Delaware Code Relating To Expungement.

Sponsors


History

DateChamberAction
2016-06-09HouseIntroduced and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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