DELAWARE - A new law takes effect in Delaware Thursday that will begin the automatic expungement of some criminal records across the First State.
The Clean Slate Law, first passed in 2021, automates the clearing of certain criminal records and began August 1st, 2024. Before the act went into effect, those seeking expungement would need to go through an expungement application process to remove arrests, charges, convictions, or adjudications from their records.
Criminal records must qualify for “mandatory expungement” to be automatically cleared through the Clean Slate Act. According to the Delaware Office of Defense Services, it will take time for the state to identify and then process all eligible records, and it is possible the state may fail to identify some records that are eligible.
“Automatic expungements provide a real second chance for those with low-level crimes who have paid their debt to society to move forward with their lives – to pursue the opportunities in education, housing and the workforce that they have earned,” Delaware Attorney General told WBOC Thursday. “This is a wonderful day for Delaware and I am so grateful to all those who have worked hard to enact the Clean Slate law.”
Delaware became the fifth state to pass Clean Slate laws in 2021 with the passage of Senate Bill 111 and Senate Bill 112. The legislation required the automatic mandatory expungement process for certain juvenile and adult records for residents who remain crime-free for a certain period of time. It also expanded mandatory expungement to include certain drug possession charges, underage alcohol consumption, and other misdemeanors.
Expungement clinics are currently scheduled for September to educate residents on their expungement options and next steps. Information on those meetings and the expungement process can be found at this link.