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DE HB285

Bill

Status

Passed

7/18/2012

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Clarifies that Family Court judges may order expungement of juvenile charges originating in different counties, with petitions filed in the county where the most recent case was concluded

  • Distinguishes between misdemeanor and felony sex offenses in juvenile expungement definitions, correcting an overlap from previous legislation (House Bill 177, 2011)

  • Requires a 5-year waiting period before discretionary expungement petitions can be filed for felony sex offenses, while maintaining the 3-year period for misdemeanor sex offenses

  • Removes the requirement for Family Court to send expungement orders to the federal Department of Justice, as this communication is already handled by the State Bureau of Identification

  • Maintains mandatory expungement eligibility for juveniles with no more than one adjudication of delinquency for non-violent, non-sex offense felonies or misdemeanors after a 3-year waiting period

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Expungement.

Last Action

Signed by Governor

7/18/2012

Committee Referrals

Judiciary4/25/2012
Judiciary3/27/2012

Full Bill Text

No bill text available