Senator Darius Brown’s Senate Bill 37(S) has passed the House 35-5-1 and it now heads for the desk of Governor Carney. This is yet another Criminal Justice Reform bill that is part of a large package of bills that the Attorney General and legislators introduced earlier this year to reform our criminal justice system to make it more equitable, racially and otherwise.
Under current law, Delaware does not allow expungement for adults. Indeed, the only way an adult could get an arrest record expunged is if the arrest never led to a conviction. And the only way a conviction record can be expunged is if the Governor had pardoned the person.
Over the last few years, Delaware has expanded the availability of expungements for juveniles. This bill would allow a person to petition for criminal record expungement for adult criminal and arrest records so long as those arrests or convictions concern low-level criminal charges. It would not apply to serious felonies like murder or rape.
WHERE IS THE BILL? Passed the Senate 21-0. Onto the House.
DEMOCRATIC SPONSORS – Brown, McBride, Townsend, Lynn, Longhurst, Dorsey-Walker, Cooke, Hansen, Lockman, Paradee, Poore, Sokola, Sturgeon, Walsh, Baumbach, Bolden, Brady, Chukwuocha, Heffernan, Jaques, K.Johnson, Kowalko
REPUBLICAN SPONSORS – Delcollo
YES VOTES – SENATE — Bonini Brown Cloutier Delcollo Ennis Hansen Hocker Lawson Lockman Lopez McBride McDowell Paradee Pettyjohn Poore Richardson Sokola Sturgeon Townsend Walsh Wilson ||| HOUSE — Baumbach Bennett Bentz Bolden Brady Briggs- King Bush Carson Chukwuocha Collins Cooke Dorsey-Walker Griffith Heffernan Hensley Jaques K. Johnson K. Williams Kowalko Longhurst Lynn Matthews Mi.Smith Minor-Brown Mitchell Morris Osienski Q. Johnson Ramone Schwartzkopf Seigfried Shupe Spiegelman Viola Yearick
NO VOTES – SENATE –– None ||| HOUSE — D.Short Dukes Gray Postles Vanderwende
ABSENT – Smyk