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DE HB450

Bill

Status

Introduced

6/7/2018

Primary Sponsor

Sean Matthews

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Establishes mandatory expungement through the State Bureau of Identification for arrests not leading to conviction, violations after 3 years with no subsequent convictions, and misdemeanors after 5 years with no subsequent convictions.

  • Creates discretionary expungement process allowing courts to expunge records based on manifest injustice showing: 1 year after violation conviction, 3 years after misdemeanor conviction, or 7 years after felony conviction with clean record thereafter (exceptions apply for status offenses and certain driving violations).

  • Implements automatic expungement of criminal records following gubernatorial pardon, unless pardon includes a condition prohibiting expungement; requires Governor to notify courts and State Bureau of Identification and courts to mark disposition as "pardoned" if not eligible for automatic expungement.

  • Consolidates all adult record expungement provisions in Title 11 and removes duplicative provisions from Title 10; expunged records are destroyed or placed in State Bureau of Identification custody and cannot be disclosed except to law-enforcement investigating felonies or employment applications.

  • Effective 180 days after enactment to allow state agencies time to develop required procedures, forms, and fee schedules.

Legislative Description

An Act To Amend Titles 4, 10, 11, And 16 Of The Delaware Code Relating To Expungement Of Adult Criminal Records.

Last Action

Reported Out of Committee (Judiciary) in House with 3 Favorable, 2 On Its Merits, 2 Unfavorable

6/20/2018

Committee Referrals

Judiciary6/7/2018

Full Bill Text

No bill text available