Delaware
Senate Bill 198 Mandatory expungement Case with misdemeanors or violations only terminated in favor – immediate (may be at the same hearing; no petition, no criminal history report) Case including felonies terminated in favor – one year after felony terminated One felony or misdemeanor adjudication – three years after adjudication (excludes violent felonies and sex offenses)
Senate Bill 198 Discretionary expungement Case including felonies terminated in favor – less than one year after felony terminated Single misdemeanor sex offense case adjudication – three years after adjudication Single violent felony or felony sex offense case adjudication – five years after adjudication No more than two cases with adjudications only one of which can include felonies – five years after last adjudication (no violent felonies) Multiple cases with misdemeanor or violation adjudications – five years after last adjudication (no violent felonies) No more than two cases with adjudications only one of which can include violent felonies – seven years after last adjudication Notice to AG; hearing may be required Victim’s position, if known, must be stated by DAG for violent felonies
Senate Bill 198 Certain violent felonies cannot be expunged Title 21 (Motor Vehicle Offenses) cannot be expunged Adult convictions bar expungement Defined as an offense for which incarcerated may be imposed Title 21 offenses do not bar expungement
Senate Bill 198 Effect of expungement No destruction of court records, photographs, fingerprints Respond “no record” Record available for law enforcement investigation, law enforcement employment Fee No fee for filing; fee to generate criminal history ($52.50); only can be obtained at 3 locations
Expungement Clinics and Advocacy Strategies Build public awareness Community meetings Student outreach Collateral consequences campaign Free public legal clinics Partnership with Office of Defense Services and Defense Bar Fundraising Campaign $52.50 fee associated with obtaining certified copy of criminal record