September 4, 2024

Delaware began automatically expunging qualified criminal records on August 1, keeping with the Clean Slate legislation passed in 2021. Those with eligible misdemeanors, arrest records, and specific felony records can expect the courts to expunge these records automatically.

Examples of eligible records include non-convictions, misdemeanors, and a small number of felonies. However, individuals must wait for varying periods before the courts automatically expunge these records. Those with misdemeanors must wait five years after the date of conviction for the expungement. Anyone with eligible felonies must wait ten years after the conviction or release date.

However, the Deputy Policy and Advocacy Director John Reynolds of Delaware’s American Civil Liberties Union (ACLU) warned it could take some time. The ACLU explained how the State Bureau of Identification (SBI) must review each criminal record and determine its eligibility by hand. Despite the state agencies receiving reasonable financial backing to create the automated process, Director Reynolds stressed that this process will slow and extend the expected timeframe.

The new law intends to expunge the records of approximately 200,000 people, which many expect to help more individuals than the petition-based system. Most individuals eligible for an expungement under the petition-based system never applied for one due to several obstacles involving petitioning. However, eligible individuals must understand that not all their records qualify for automatic expungement. As such, they may have to undergo the petition-based system to expunge other cases.

The record’s details will determine its eligibility for mandatory expungement and which qualifies for discretionary expungement. Unqualified convictions must undergo the petition-based process for expungement if they do not qualify for a pardon from the governor.

Delaware’s Office of Defense Services has advised people not to depend too heavily on the automated expungement system to clear their records. The office stressed the point that the Deputy Policy and Advocacy Director, John Reynolds, made: It will take time for the SBI to work through the records.

The state requests eligible individuals to have patience as they automatically expunge qualified records. Anyone wishing to review what misdemeanors and felonies qualify for automatic expungement may review the complete list on the Clean Slate Delaware Adult Misdemeanor and Felony Records Eligible for Mandatory Expungement.

Reynold warned how “[SBI] deciding to double check it with a human, which could introduce more complications, mistakes and time into the process.” He also assured the public that he understood that most Clean Slate states do not undergo a hand-reviewed process. In response to these concerns, he explained that not all states have fully digitized records, including Delaware. This position requires such states to have someone physically review the paper documents. The state requests eligible individuals to have patience as they automatically expunge qualified records.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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