DELAWARE SENATE BILL 198 Mandatory expungement Case with

DELAWARE

SENATE BILL 198 Mandatory expungement § Case with misdemeanors or violations only terminated in favor – immediate (may be at the same hearing; no petition, no criminal history report) § Case including felonies terminated in favor – one year after felony terminated § One felony or misdemeanor adjudication – three years after adjudication (excludes violent felonies and sex offenses)

SENATE BILL 198 Discretionary expungement § Case including felonies terminated in favor – less than one year after felony terminated § Single misdemeanor sex offense case adjudication – three years after adjudication § Single violent felony or felony sex offense case adjudication – five years after adjudication § No more than two cases with adjudications only one of which can include felonies – five years after last adjudication (no violent felonies) § Multiple cases with misdemeanor or violation adjudications – five years after last adjudication (no violent felonies) § No more than two cases with adjudications only one of which can include violent felonies – seven years after last adjudication § Notice to AG; hearing may be required § Victim’s position, if known, must be stated by DAG for violent felonies

SENATE BILL 198 § Certain violent felonies cannot be expunged § Title 21 (Motor Vehicle Offenses) cannot be expunged § Adult convictions bar expungement § Defined as an offense for which incarcerated may be imposed § Title 21 offenses do not bar expungement

SENATE BILL 198 • Effect of expungement § No destruction of court records, photographs, fingerprints § Respond “no record” § Record available for law enforcement investigation, law enforcement employment • Fee § No fee for filing; fee to generate criminal history ($52. 50); only can be obtained at 3 locations

EXPUNGEMENT CLINICS AND ADVOCACY STRATEGIES • Build public awareness • Community meetings • Student outreach • Collateral consequences campaign • Free public legal clinics • Partnership with Office of Defense Services and Defense Bar • Fundraising Campaign • $52. 50 fee associated with obtaining certified copy of criminal record