HB 447 — AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

Chukwuocha HOUSE& OFRep. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

2Lynn TO& HOUSERep. BILL NO.

447Dorsey AMENDWalker House& BillSen. No.

447Brown byReps. deleting lines 3 through 23 and inserting in lieu thereof the following:

ҤBaumbach, 4372.Bolden, Cooke, Griffith, Kowalko;

Sens.

Gay, Sokola HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.

447 AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend Chapter 43, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4372.

(7) WhereA acharge or case is 7 or more years old and containsthere ais chargeno or charges without a disposition indicated or the disposition is listed as unknown, unobtainable, or pending.

This paragraph doesapplies notonly apply if there isare anno active warrantwarrants in the case,case. if there is documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the accused.

(a)(f) Eligibility.[Repealed].

— (3) For purposes of determining eligibility fordeterminations expungement under this subsection,section, anySBI shall treat a charge thator case as though it was terminated in favor of the accused if the charge or case is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pendingpending. shall be considered dismissed and shall not negatively affect expungement eligibility.

This subsection does not apply if there is an active warrant in the casecase. or if there is documented case activity within the last 12 months.

(k) For purposes of eligibility determinations under this paragraph,section, the entireCourt shall treat a charge or case as though it was terminated in whichfavor eachof convictionthe appearsaccused mustif bethe eligiblecharge foror expungement.case is 7 or more years old and there is no disposition indicated or HD :

(k) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be HD :

06/21/202206/02/2022 03:2610:06 PMAM consideredthe dismisseddisposition andis shalllisted notas negativelyunknown, affectunobtainable, expungementor eligibilitypending. in any case.

This subsection does not apply if there is an active warrant in the casecase. or if there is documented case activity within the last 12 months.”.

FURTHERSection AMEND2. House Bill No.

447Amend Chapter 9, Title 10 of the Delaware Code by deletingmaking linesdeletions 26as throughshown 41by strike through and insertinginsertions inas lieushown thereofby theunderline following:as follows:

This paragraph doesapplies notonly apply if there isare anno active warrantwarrants in the case,case. if there is documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child.

(d) For purposes of determining eligibility for expungement under this section, anythe Court shall treat a charge thator case as though it was terminated in favor of the child if the charge or case is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pendingpending. shall be considered dismissed and shall not negatively affect expungement eligibility.

This subsection does not apply if there is an active warrant in the casecase. or if there is documented case activity within the last 12 months.

(g) For purposes of determining eligibility for expungement under this section, anythe Court shall treat a charge thator case as though it was terminated in favor of the child if the charge or case is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pendingpending. shall be considered dismissed and shall not negatively affect expungement eligibility.

This subsection does not apply if there is an active warrant in the casecase. or if there is documented case activity within the last 12 months.”.

SYNOPSIS This amendmentAct isimplements some of the samerecommendations asof HA1the toAfrican HB447American exceptTask forForce's theSafety following:and Justice Subcommittee.

ItSpecifically, replacesit atrequires linethat 5cases the phrase “A charge or casecharges isthat 7are or more yearsthan old and there is no disposition indicated” with “Where a case is 7 or more years old andbe containstreated aas charge“resolved orin chargesfavor withoutof” a disposition”child Itor clarifiesadult atif linethere 10is thatno thisdisposition languageavailable willfor be placed in 4373(a) Adds the phrasecase “inand anyno case”outstanding atwarrants. line 5.

ReplacesThis clarification will prevent errors in record-keeping in the wordcriminal “accused”justice withsystem “child”from onstopping linean 35.otherwise qualified petitioner from obtaining an expungement that may otherwise be available.

TheIt intentwill ofalso therequire amendmentold remainscases for which no outcome is listed to clarifybe thatremoved onlyfrom entirea casesperson's arerecord eligibleif forthey expungementare andmore tothan correct7 technicalyears errors.old.

In addition, this Act allow an individual with multiple violations or misdemeanors in different cases that would be eligible for a mandatory expungement if they had occurred in a single case, and the individual has no other convictions on their record, to apply directly for a discretionary expungement after 5 years have passed from the most recent conviction.

The court would then consider the application under its usual “interest of justice” rubric in determining whether to grant the expungement.

This saves applications to the pardon board for multiple minor misdemeanors and increases parity between applicants with similar records.

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