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DE SB146

Bill

Status

Enrolled

6/30/2018

Primary Sponsor

David Lawson

Click for details

Origin

Senate

149th General Assembly

AI Summary

  • Amends § 1017 to allow courts to order immediate expungement of juvenile felony, misdemeanor, or violation cases when terminated in favor of the child, either sua sponte or upon party request, after reviewing a Delaware criminal background check.

  • Courts may waive the one-year waiting period for expungement eligibility under § 1017(a)(2) when ordering immediate expungement, though courts retain discretion to deny immediate expungement.

  • Expungement orders for felonies, misdemeanors, or violations are stayed for 30 days and may be vacated by the Attorney General within that period; the stay does not toll the applicable appeal period.

  • Requires the State Bureau of Identification to be notified of all expungement orders and mandates removal of arrest records within 60 days, with courts and police agencies required to provide written confirmation of expungement completion.

  • Preserves law enforcement's ability to retain and use photographs and fingerprints from arrests solely for investigating criminal activity by law-enforcement officers in lawful performance of their duties.

Legislative Description

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

Last Action

Passed By House. Votes: 41 YES

6/30/2018

Committee Referrals

Judiciary5/3/2018
Judicial & Community Affairs1/23/2018

Full Bill Text

No bill text available