August 13, 2024
After passing in 2021, Delaware’s Clean Slate Act officially took effect on August 1. As such, Delaware has begun automatically expunging the criminal records of eligible records. This process marks Delaware as the fifth state to pass Clean Slate Laws.
These laws should help people with criminal records have more opportunities for housing and employment. However, the Delaware Office of Defense Services warned people not to depend solely on the new automatic process. They stated that expunging all qualified records would take time, and they may fail to identify some eligible criminal records.
With the law in effect, the State Bureau of Identification must identify and remove any records that qualify for automatic mandatory expungement. Furthermore, many expect nearly 291,000 adults to qualify under the Clean Slate Act. Eligible individuals will not need to apply for relief. They can expect the Act to expunge their record from publicly accessible databases and become inaccessible to potential employers and the general public.
Beyond convictions, the following may appear in a criminal background check:
- Driving violations
- Pending charges
- Probation before judgment
- Case dismissal
- Juvenile arrests
As such, expunging these records would prevent members of the public from seeing such violations. For example, rental property owners, loan officers, employers, and other public entities would lose access to such information.
Only criminal records that qualify for automatic mandatory expungement will qualify under the Clean Slate Act. However, those with uneligible records can still have their information expunged. In such cases, they must request an expungement through the discretionary process.
Unfortunately, some have found it challenging to undergo the expungement process. These challenges include complicated steps and costly requirements from start to finish. To help combat these struggles, various organizations offer expungement clinics to help individuals throughout the process. Some clinics also have employers available to speak with individuals looking to expunge their records. Others include partnerships with organizations that can help people obtain employment.
The Office of Defense Services has an event calendar that lists the dates of upcoming clinics. The American Civil Liberties Union website also contains resources for individuals seeking information about the expungement process, upcoming events, and financial assistance.
This type of assistance has proven crucial for many seeking opportunities to expunge their records. The expungement process has proven complicated and expensive for the average person. There is an application fee, as well as fees for obtaining documents and court fees, and some people may be unable to afford these fees without assistance. As such, the Clean Slate Act automatically expunging eligible information could ease these frustrations and obstacles.