SB 112 DE

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Became Law

This Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungement 5 years after conviction. Juvenile adjudications of delinquency for drug possession under § 4756 of Title 16 are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 5. If a person has no prior or subsequent convictions, makes additional felony convictions eligible for mandatory expungement 10 years after conviction. Juvenile adjudications of delinquency for these felonies are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 6. Applies existing exceptions for eligibility for mandatory expungement because of the status of the victim to the offenses that become eligible under this Act. 7. Makes corresponding changes to other expungement sections in Title 10. This Act adds a misdemeanor conviction for official misconduct to the offenses that are ineligible for mandatory expungement under § 4373(b) of Title 11. This Act does not make any offenses that are currently ineligible for mandatory expungement under § 4373(b) of Title 11 eligible for mandatory expungement. This Act takes effect on January 1, 2022. Section 10 of this Act aligns this Act with the changes to § 4373 of Title 11 if Senate Substitute No. 1 for Senate Bill No. 38 is also enacted into law in 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

• Darius J. Brown Democratic · primary
• Sean M. Lynn Democratic · primary
• Valerie Longhurst · primary
• Franklin D. Cooke Democratic · primary
• Nnamdi O. Chukwuocha Democratic · primary
• Sherry Dorsey Walker · primary

1. Apr 14, 2021 Introduced and Assigned to Judiciary Committee in Senate · upper
2. Apr 21, 2021 Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 1 On Its Merits · upper
3. Apr 21, 2021 Assigned to Finance Committee in Senate · upper
4. Apr 27, 2021 Amendment SA 1 to SB 112 - Introduced and Placed With Bill · upper
5. Apr 27, 2021 Reported Out of Committee (Finance) in Senate with 3 Favorable, 1 On Its Merits · upper
6. Apr 27, 2021 Amendment SA 1 to SB 112 - Passed By Senate. Votes: 21 YES · upper
7. Apr 27, 2021 Passed By Senate. Votes: 21 YES · upper
8. Apr 28, 2021 Assigned to Judiciary Committee in House · lower
9. May 19, 2021 Reported Out of Committee (Judiciary) in House with 1 Favorable, 7 On Its Merits · lower
10. May 20, 2021 Assigned to Appropriations Committee in House · lower
11. Jun 21, 2021 Reported Out of Committee (Appropriations) in House with 3 Favorable, 2 On Its Merits · lower
12. Jun 29, 2021 Passed By House. Votes: 38 YES 3 NO · lower
13. Nov 8, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF
• SA 1 to SB 112 · PDF
• SA 1 to SB 112 · HTML