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DE SB198
Bill
Status
9/6/2016
Primary Sponsor
Bryan Townsend
Click for details
AI Summary
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Expands eligibility for juvenile expungement by removing requirement that petitioners attach criminal history to petition and allowing courts to order immediate expungement for misdemeanor and violation cases terminated in favor of the child.
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Establishes mandatory expungement categories: (1) misdemeanor and violation cases terminated in favor of child; (2) all cases terminated in favor of child with one year since last felony termination; (3) one adjudication of delinquency (non-violent, non-sex offense) with three years since adjudication.
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Creates discretionary expungement categories for cases not meeting mandatory requirements, including cases with felony terminations under one year old, multiple adjudications, and violent or sex offenses with appropriate waiting periods (3-7 years depending on offense type).
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Bars expungement for adjudications of first-degree murder, second-degree murder, first-degree kidnapping, manslaughter, rape, arson first-degree, robbery first-degree, burglary first-degree, home invasion, or attempts of these offenses; excludes Title 21 traffic offenses from expungement eligibility.
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Requires Attorney General's office to be served notice of discretionary expungement petitions and contact victims of violent felonies to ascertain their position; expunged felony adjudications cease to be basis for firearm prohibitions under Title 11 §1448(a)(4).
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Expungements.
Last Action
Signed by Governor
9/6/2016