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DE SB37
Bill
AI Summary
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Establishes mandatory expungement for cases terminated in favor of the accused, including acquittals, nolle prosequi entries, successful probation before judgment completion, dismissed charges, and arrests with no charges filed within one year.
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Creates three categories of mandatory expungement: violations after 3 years, misdemeanors after 5 years, and cases terminated in favor of accused (all with no subsequent convictions), applied through the State Bureau of Identification.
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Allows discretionary expungement through court petition for misdemeanors after 3-7 years and felonies after 7 years (depending on offense type), with specific exclusions for violent crimes, sex offenses, and crimes against vulnerable persons.
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Prohibits disclosure of expunged records to the public but allows access by criminal justice agencies for specific purposes including probation before judgment eligibility determinations and concealed deadly weapon licensing decisions.
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Expands Title 21 (traffic/DUI) expungement eligibility to include reckless driving, operation causing death, and certain commercial vehicle violations, while maintaining restrictions on DUI and driving after judgment prohibited offenses.
Legislative Description
An Act To Amend Title 4, Title 10, Title 11, And Title 16 Of The Delaware Code Relating Expungement Of Records Of Adult Arrest And Conviction.
Last Action
Signed by Governor
6/30/2019