Delaware General Assembly

Passed 4/17/19

The General Assembly has ended, the current status is the final status.

SS 1 for SB 37 w/ SA 1

4/17/19

Brown

This Amendment does the following: (1) Makes an individual ineligible for an expungement of a felony offense if the individual has previously had a felony conviction expunged. (2) Makes two misdemeanor offenses eligible for expungement only through the the discretionary process, regardless as to whether the offenses are a misdemeanor crime of domestic violence (Sexual Harassment, under § 763 of Title 11, and Indecent Exposure in the First Degree, under § 765 of Title 11). (3) Removes two misdemeanor offenses from the definition of misdemeanor crime of domestic violence because they are not subject to mandatory expungement under other provisions of this Act (Incest, under § 766 of Title 11, and Unlawful Sexual Contact in the Third Degree, under § 767 of Title 11) and adds one misdemeanor offense to the definition (Harassment, under § 1311 of Title 11). (4) Makes additional misdemeanor offenses eligible for expungement only through the discretionary expungement process. (5) Moves the Attorney General’s responsibilities for notifying a victim of a discretionary expungement petition to the discretionary expungement provision.

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