Deleware's new law that allows offenders to pay $45 to have a charge purged from their record is has been enacted and is getting the support of local law enforcement.
The new law will allow quick and easy expungement of certain misdemeanors for applicant with no other convictions. This simple and affordable procedure will put expungement within the financial reach of many people who could not otherwise represent themselves due to the complexity of the process or afford the price of an attorney.
On July 15, Gov. Ruth Ann Minner signed House Bill 496 into law and it took effect 90 days later. Under the previous statute, those seeking expungement would begin the process at the Prothonotary's Office of Superior Court in the county where their case was heard. Under the new law, ex-offenders will report to the State Bureau of Identification (SBI), where they will pay $45 for fingerprints and a copy of their criminal record.
SBI staff will review the applicant's criminal history and determine one of two courses of action. If the crime to be expunged is a misdemeanor and the applicant has no other criminal convictions prior to or after the period in which they were arrested, they will be eligible for a mandatory expungement.
There are certain misdemeanor crimes described in the statute, however, that prevent an offender from being eligible.
If the applicant wishes to expunge felony charges or has criminal convictions in addition to the charges they wish to be expunged, they will be directed to the appropriate court to request a discretionary expungement.
The process for discretionary expungement will most likely require the assistance of an attorney.
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