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DE SB112

Bill

Status

Passed

11/8/2021

Primary Sponsor

Darius Brown

Click for details

Origin

Senate

151st General Assembly

AI Summary

SB 112 Summary

  • 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.

  • 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.

  • 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).

  • 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.

  • 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

Committee Referrals

Appropriations5/20/2021
Judiciary4/28/2021
Finance4/21/2021
Judiciary4/14/2021

Full Bill Text

No bill text available