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DE SB112
Bill
AI Summary
SB 112 Summary
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Expands mandatory juvenile expungement eligibility to include cases terminated in favor of the child regardless of felony/misdemeanor status, and cases with adjudications for underage alcohol possession, marijuana possession, or drug paraphernalia possession.
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Allows courts to order expungement of entire juvenile criminal history or specific cases, with exceptions for serious crimes (murder, kidnapping, rape, arson) and those with adult convictions or pending charges.
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Creates discretionary expungement pathway for juvenile cases with violent felonies, felony sex offenses, or multiple adjudications after specified waiting periods (3-7 years depending on offense severity).
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Establishes adult expungement eligibility for certain convictions including drug possession (5 years), misdemeanors (5 years), specific felonies (10 years), and cases terminated in favor of accused, with exclusions for domestic violence and crimes against children or vulnerable adults.
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Makes marijuana possession and underage alcohol convictions eligible for mandatory expungement and excludes Title 21 (drug) offenses from consideration as bars to expungement, effective January 1, 2022.
Legislative Description
An Act To Amend Title 10, Title 11, And Title 16 Of The Delaware Code Relating To Expungement.
Last Action
Signed by Governor
11/8/2021