HB 447 DE Became Law
AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.
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Summary
This Act implements some of the recommendations of the African American Task Force's Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child or adult if there is no disposition available for the case and no outstanding warrants. This clarification will prevent errors in record-keeping in the criminal justice system from stopping an otherwise qualified petitioner from obtaining an expungement that may otherwise be available. It will also require old cases for which no outcome is listed to be removed from a person's record if they are more than 7 years 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.
Sponsors (4)
- Nnamdi O. Chukwuocha Democratic · primary
- Darius J. Brown Democratic · primary
- Sean M. Lynn Democratic · primary
- Sherry Dorsey Walker · primary
7 coauthors / cosponsors
- Kyle Evans Gay · cosponsor
- David P. Sokola Democratic · cosponsor
- Paul S. Baumbach · cosponsor
- Stephanie T. Bolden · cosponsor
- Franklin D. Cooke Democratic · cosponsor
- Krista Griffith Democratic · cosponsor
- John A. Kowalko · cosponsor
Action history (12)
- Jun 2, 2022 Introduced and Assigned to Judiciary Committee in House · lower
- Jun 15, 2022 Reported Out of Committee (Judiciary) in House with 4 Favorable, 4 On Its Merits · lower
- Jun 21, 2022 Amendment HA 1 to HB 447 - Introduced and Placed With Bill · lower
- Jun 21, 2022 Amendment HA 1 to HB 447 - Stricken in House · lower
- Jun 21, 2022 Amendment HA 2 to HB 447 - Passed In House by Voice Vote · lower
- Jun 21, 2022 Passed By House. Votes: 41 YES · lower
- Jun 21, 2022 Assigned to Judiciary Committee in Senate · upper
- Jun 29, 2022 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
- Jun 29, 2022 Assigned to Finance Committee in Senate · upper
- Jun 30, 2022 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
- Jun 30, 2022 Passed By Senate. Votes: 21 YES · upper
- Aug 30, 2022 Signed by Governor · executive
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