Senate Bill 37(S) -the bill that expands the availability of criminal record expungement for adult criminal records of arrest and conviction – passed the House 35-5-1 in the final week of the session and has already been signed into law by Governor John Carney.
The bill’s prime sponsor, Senator Darius Brown, after the signing: “Many people have waited many years for this historic night. The waiting began long before many of us ever dreamed we would get here[.] [We] have waited for a state law that upholds our common human dignity, that recognizes the value we all bring to this state, that confronts the injustices of tried-and-failed “tough on crime” laws, and that lays out a path to hard-earned second chances and restorative justice.”
“There is still work left to be done tonight, next year, and in the years to come, but we have now sent a clear signal that we are willing to work together to enact ambitious, meaningful, impactful criminal justice reform in Delaware. “
Under the old law, Delaware did 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.
Now, the law provides for a petition process where a former convict can apply for a criminal record expungement for adult criminal records of arrest and conviction. The expungement would only be available for persons with an arrest record or conviction on low-level criminal charges. Further, expungement would be unavailable for a person who already had a previous felony conviction expunged .
WHERE IS THE BILL? Passed the Senate 21-0 and the House 35-5-1. Onto the Governor.
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 Michael Smith Minor-Brown Mitchell Morris Osienski Postles Q.Johnson Ramone Schwartzkopf Seigfried Shupe Smyk Spiegelman Vanderwende Viola Yearick
NO VOTES – SENATE — None ||| HOUSE — D. Short Dukes Gray Postles Vanderwende
ABSENT – Smyk
Darius, a criminal who hasn’t paid his taxes, eliminated carjacking and home invasion as a crime. Why is the left so obsessed with helping criminals at the expense of the rest of us?
Will this bill allow for those convicted of robbery 2nd to apply for expungement? I was convicted for shoplifting a pair of shoes & the incident was inflated into a felony robbery because the security guard grabbed me & i reacted physically.