SB 54 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE EXPUNGEMENTS.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 30, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
5 primary, 9 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
The continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. This act modifies Delaware’s discretionary expungement provisions to allow more children, and adults with only juvenile records, the ability to petition the Court for an expungement. An adult conviction automatically disqualifies someone from seeking an expungement to their juvenile record. These changes would allow the Court to consider an expungement where a person with a juvenile record has demonstrated rehabilitation. These provisions will enable a greater number of deserving youth, and adults with only juvenile records, the ability to move beyond their past and recognizes that most youth mature out of offending behavior. This legislation builds on a bill passed by a bipartisan group of lawmakers during the 148th General Assembly. Senate Bill 198 streamlined the process for an individual to expunge their juvenile record. This proposed expansion removes certain prohibitions that prevent an individual from ever seeking a discretionary expungement, streamlines the scenarios of which a person with a juvenile record is eligible to seek a discretionary expungement, and creates a fair catch-all provision for those seeking an expungement to their juvenile record in cases where they were found delinquent in multiple cases, but had not been adjudicated or convicted of another crime since. This allows for eligible juveniles, and adults with only juvenile records, to seek discretionary expungements, wherein the Court would decide whether or not a person had rehabilitated.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (Judiciary) in House with 4 Favorable, 5 On Its Merits
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Assigned to Judiciary Committee in House
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Passed By Senate. Votes: 17 YES 4 ABSENT
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits
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Introduced and Assigned to Judicial & Community Affairs Committee in Senate
Sponsors
- Bryan Townsend · Primary
- Debra Heffernan · Primary
- Sean M. Lynn · Cosponsor
- Edward S. Osienski · Cosponsor
- Trey Paradee · Cosponsor
- Kimberly Williams · Cosponsor
- Helene M. Keeley · Cosponsor
- John J. Viola · Cosponsor
- John A. Kowalko · Cosponsor
- David Bentz · Cosponsor
- Paul S. Baumbach · Cosponsor
- James Johnson · Primary
- Valerie Longhurst · Primary
- Margaret Rose Henry · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 9 co-sponsors · 48 not signed on
Sponsors (5)
- Bryan Townsend Democratic
- Debra Heffernan Democratic
- James Johnson
- Valerie Longhurst
- Margaret Rose Henry
Co-sponsors (9)
- Sean M. Lynn Democratic
- Edward S. Osienski Democratic
- Trey Paradee Democratic
- Kimberly Williams Democratic
- Helene M. Keeley
- John J. Viola
- John A. Kowalko
- David Bentz
- Paul S. Baumbach
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 0 | 0 | 1 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 2 |
| Total | 17 | 0 | 0 | 4 |
| % of votes cast | 81% | 0% | 0% | 19% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Not Voting |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Yea |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Not Voting |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Not Voting |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 54 do?
- The continued existence and dissemination of a juvenile criminal record hampers an individual’s ability to become a successful and productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. This act modifies Delaware’s discretionary expungement provisions to allow more children, and adults with only juvenile records, the ability to petition the Court for an expungement. An adult conviction automatically disqualifies someone from seeking an expungement to their juvenile record. These changes would allow the Court to consider an expungement where a person with a juvenile record has demonstrated rehabilitation. These provisions will enable a greater number of deserving youth, and adults with only juvenile records, the ability to move beyond their past and recognizes that most youth mature out of offending behavior. This legislation builds on a bill passed by a bipartisan group of lawmakers during the 148th General Assembly. Senate Bill 198 streamlined the process for an individual to expunge their juvenile record. This proposed expansion removes certain prohibitions that prevent an individual from ever seeking a discretionary expungement, streamlines the scenarios of which a person with a juvenile record is eligible to seek a discretionary expungement, and creates a fair catch-all provision for those seeking an expungement to their juvenile record in cases where they were found delinquent in multiple cases, but had not been adjudicated or convicted of another crime since. This allows for eligible juveniles, and adults with only juvenile records, to seek discretionary expungements, wherein the Court would decide whether or not a person had rehabilitated.
- Who sponsors SB 54?
- SB 54 is sponsored by Bryan Townsend (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Kimberly Williams (Democratic), Helene M. Keeley, John J. Viola, John A. Kowalko, David Bentz, Paul S. Baumbach, James Johnson, Valerie Longhurst, and Margaret Rose Henry.
- What is the current status of SB 54?
- This bill has been enacted into law. Introduced March 30, 2017. Enacted.
- Where can I track SB 54?
- Track SB 54 free on One Click Politics — get push/email alerts when it moves.
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