1. Delaware

2. Senate Bill 198 Mandatory expungement
Case with misdemeanors or violations only terminated in favor – immediate (may be at the same hearing; no petition, no criminal history report)
Case including felonies terminated in favor – one year after felony terminated
One felony or misdemeanor adjudication – three years after adjudication (excludes violent felonies and sex offenses)

3. Senate Bill 198 Discretionary expungement
Case including felonies terminated in favor – less than one year after felony terminated
Single misdemeanor sex offense case adjudication – three years after adjudication
Single violent felony or felony sex offense case adjudication – five years after adjudication
No more than two cases with adjudications only one of which can include felonies – five years after last adjudication (no violent felonies)
Multiple cases with misdemeanor or violation adjudications – five years after last adjudication (no violent felonies)
No more than two cases with adjudications only one of which can include violent felonies – seven years after last adjudication
Notice to AG; hearing may be required
Victim’s position, if known, must be stated by DAG for violent felonies

4. Senate Bill 198 Certain violent felonies cannot be expunged
Title 21 (Motor Vehicle Offenses) cannot be expunged
Adult convictions bar expungement
Defined as an offense for which incarcerated may be imposed
Title 21 offenses do not bar expungement

5. Senate Bill 198 Effect of expungement
No destruction of court records, photographs, fingerprints
Respond “no record”
Record available for law enforcement investigation, law enforcement employment
Fee
No fee for filing; fee to generate criminal history ($52.50); only can be obtained at 3 locations

6. Expungement Clinics and Advocacy Strategies
Build public awareness
Community meetings
Student outreach
Collateral consequences campaign
Free public legal clinics
Partnership with Office of Defense Services and Defense Bar
Fundraising Campaign
$52.50 fee associated with obtaining certified copy of criminal record