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DE SB233

Bill

Status

Introduced

6/3/2014

Primary Sponsor

Patricia Blevins

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Streamlines mandatory expungement process by allowing courts to expunge juvenile records sua sponte or upon motion by any party without requiring the petitioner to file a formal petition or submit a certified arrest record.

  • Expands discretionary expungement eligibility to include children with multiple adjudications of misdemeanor or violation offenses with at least 5 years passage since final adjudication, and children age 21+ or 7+ years post-adjudication regardless of offense type (excluding certain violent felonies).

  • Clarifies that "all indicia of arrest" including electronic records must be expunged along with police and court records, and requires expunged offenses need not be disclosed as arrests or adjudications by the petitioner.

  • Redefines "subsequent adjudication of delinquency or adult conviction" to mean offenses punishable by 30 or more days of imprisonment, narrowing when prior records can be used against juvenile petitioners.

  • Becomes effective 90 days after enactment.

Legislative Description

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

Last Action

Assigned to Judiciary Committee in Senate

6/3/2014

Committee Referrals

Judiciary6/3/2014

Full Bill Text

No bill text available