HB 201 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VICTIMS OF HUMAN TRAFFICKING.

Summary

This Act strengthens essential protections for victims of human trafficking by removing practical barriers that prevent victims from getting convictions or juvenile delinquency adjudications obtained as a result of being a victim of human trafficking vacated and the related criminal or juvenile records expunged. This Act amends § 787 of Title 11 in the following ways: (1) Requires a showing that the offense to be vacated was committed “as a result”, instead of “as a direct result”, of the victims having been trafficked, which recognizes that victims of human trafficking may engage in a range of criminal behaviors related to their exploitation. (2) Provides that a motion to vacate and any hearing or proceeding related to the motion to vacate must remain confidential, unless the court determines good cause exists to open the proceeding, so a victim of human trafficking may seek relief without fear of revictimization. (3) Eliminates the requirement of a mandatory hearing on a motion to vacate unless the Attorney General files a timely objection to the motion. This will allow victims to obtain relief on uncontested motions without needing to relive their trauma through questioning at a formal hearing. (4) Clarifies that the standard of proof for determining eligibility for vacating an adjudication or conviction under § 787(j) is by a preponderance of evidence. (5) Allows a victim to vacate a conviction or adjudication of delinquency under § 787(j) and expunge the records of that conviction or adjudication. Additionally, this Act allows the court to order immediate expungement sua sponte or on request and allows expungements to be ordered by the court deciding the motion to vacate. (6) Establishes guidelines for the Attorney General to request an extension of time, if needed, to respond to a motion to vacate. This Act also aligns the standards for a defense to a charge of prostitution or loitering from “as a direct result” to “as a result” of human trafficking. This matches the change made to the vacatur provisions and keeps the standards in § 787 consistent. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This Act amends existing law to facilitate the vacating and expungement of convictions for individuals who were victims of human trafficking.

• § 787

  A person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to § 4201 of this title → A person arrested or convicted of any crime, except those deemed to be violent felonies pursuant to under § 4201 of this title a crime committed as a direct result of being a victim of human trafficking

  Clarifies that victims of human trafficking can apply for pardon and expungement of their records.

• § 787

  and may file a petition requesting expungement of such that criminal record pursuant to under § 4371 et seq. of this title. → and may file a petition requesting expungement of such criminal record pursuant to under § 4371 et seq. of this title.

  Streamlines the language regarding expungement petitions.

• § 787

  A person convicted or adjudicated delinquent of any a crime committed, except those deemed to be violent felonies pursuant to under § 4201 of this title → A person convicted or adjudicated delinquent of any a crime committed, except those deemed to be violent felonies pursuant to under § 4201 of this title, committed as a direct result of being a victim of human trafficking may

  Specifies that the ability to vacate convictions applies only if the crime resulted from being a victim of trafficking.

• § 787

  that the person movant is entitled to relief under this paragraph. → showing that the person movant is entitled to relief under this paragraph.

  Clarifies that the requirement for documentation relates directly to the relief sought.

• § 787

  the court shall summarily issue an order vacating the adjudication or conviction if the movant demonstrates by a preponderance of the evidence → the court shall issue an order vacating the adjudication or conviction if the movant demonstrates by a preponderance of the evidence that the movant is entitled to relief

  Reinforces the burden of proof for the vacating of convictions.

• § 787

  Create a presumption that the movant’s participation in any crime committed, except those deemed to be violent felonies pursuant to under § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall is not be required for the court to grant a petition under this paragraph. → Create a presumption that the person’s movant’s participation in any crime committed, except those deemed to be violent felonies pursuant to under § 4201 of this title, committed was a direct result of having been a victim of human trafficking but shall not be required for the court to grant a petition under this paragraph.

  Clarifies the presumption of victim status related to criminal actions.

• § 787

  enter Grant the movant’s motion to vacate. → grant the movant’s motion to vacate.

  Corrects and streamlines the process for granting motions.

• § 787

  and may take such Take additional action as is appropriate in the circumstances or as justice requires. → Take additional action as is appropriate in the circumstances or as justice requires.

  Ensures the court has discretion in additional actions.

• § 787

  A fine, fee, restitution, or any other financial obligation associated with the conviction or adjudication that has been paid is nonrefundable. → A fine, fee, restitution, or any other financial obligation associated with the conviction or adjudication that has been paid is nonrefundable.

  Affirms that payments related to vacated convictions are nonrefundable.

• § 787

  Notwithstanding any provision of Chapter 43 of this title, Chapter 9 of Title 10, or any other law to the contrary → Notwithstanding any provision of Chapter 43 of this title or any other law to the contrary

  Clarifies that this new provision takes precedence in cases of human trafficking.

Action History

1. May 14, 2026

   Signed by Governor

2. April 16, 2026

   Passed By Senate. Votes: 20 YES 1 ABSENT

3. March 25, 2026

   Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 4 On Its Merits

4. January 28, 2026

   Assigned to Judiciary Committee in Senate

5. January 28, 2026

   Passed By House. Votes: 41 YES

6. January 14, 2026

   Reported Out of Committee (Judiciary) in House with 10 Favorable, 1 On Its Merits

7. June 05, 2025

   Introduced and Assigned to Judiciary Committee in House

Sponsors

• Stell Parker Selby · Primary
• Bryan Townsend · Primary
• David P. Sokola · Primary
• Ray Seigfried · Primary
• Brian Pettyjohn · Primary
• Trey Paradee · Primary
• Spiros Mantzavinos · Primary
• Josue O Ortega · Primary
• Darius J. Brown · Primary
• Russell Huxtable · Primary
• John "Jack" Walsh · Primary
• Dave G. Lawson · Primary
• Claire Snyder-Hall · Primary
• Kerri Evelyn Harris · Primary
• Cyndie Romer · Primary
• Mara Gorman · Primary
• Franklin D. Cooke · Primary
• David L. Wilson · Primary
• William Bush · Primary
• Lyndon D. Yearick · Primary
• Laura V. Sturgeon · Primary
• Marie Pinkney · Primary
• Bryant L. Richardson · Primary
• Nicole Poore · Primary
• Michael F. Smith · Primary
• Kimberly Williams · Primary
• Melanie Ross Levin · Primary
• Sarah McBride · Primary

Votes

Subjects