Summary:
On November 8, 2021, John Carney, the governor of the state of Delaware, signed Delaware’s Clean Slate laws Senate Bill 111 and Senate Bill 112, expanding access to Delaware’s mandatory expungement process. The legislation was introduced in two stages:
- The first stage went into effect January 1, 2022, and provided expanded access to Delaware’s mandatory expungement process. In general, Delaware’s Clean Slate Act:
- Provides expungement for some criminal records for Delaware residents who remain crime-free for a certain period of time.
- Applies to juvenile and adult records, and includes some drug possession and underage alcohol consumption charges.
- Makes additional felony convictions eligible for mandatory expungement 10 years after conviction if a person has no prior or subsequent convictions.
- Allows requests for expungement of certain records that aren’t automatically expunged.
- The second stage, effective Thursday, August 1, 2024, makes mandatory expungement automatic and expands expungement access to a larger percentage of the population than the prior petition-based system.
Takeaway:
As a result of Delaware’s automatic mandatory expungement now in place, you may notice discrepancies between records you obtained after August 1, 2024, and records obtained prior to that date.
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Please note: Sterling is not a law firm. We expressly disclaim any warranty or responsibility for damages arising out of this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.