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Delaware House Democrats

House Bill 447 with House Amendment 2

Nnamdi O. Chukwuocha

This Act implements some of the recommendations of the African American Task Force’s Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child or adult if there is no disposition available for the case and no outstanding warrants. This clarification will prevent errors in record-keeping in the criminal justice system from stopping an otherwise qualified petitioner from obtaining an expungement that may otherwise be available. It will also require old cases for which no outcome is listed to be removed from a person’s record if they are more than 7 years old. In addition, this Act allow an individual with multiple violations or misdemeanors in different cases that would be eligible for a mandatory expungement if they had This Act implements some of the recommendations of the African American Task Force’s Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child or adult if there is no disposition available for the case and no outstanding warrants. This clarification will prevent errors in record-keeping in the criminal justice system from stopping an otherwise qualified petitioner from obtaining an expungement that may otherwise be available. It will also require old cases for which no outcome is listed to be removed from a person’s record if they are more than 7 years old. In addition, this Act allow an individual with multiple violations or misdemeanors in different cases that would be eligible for a mandatory expungement if they had occurred in a single case, and the individual has no other convictions on their record, to apply directly for a discretionary expungement after 5 years have passed from the most recent conviction. The court would then consider the application under its usual “interest of justice” rubric in determining whether to grant the expungement. This saves applications to the pardon board for multiple minor misdemeanors and increases parity between applicants with similar records.

Legislative Highlights


House Bill 436


This bill extends the dates in which the recommendation and plan of the Redding Consortium for Educational Equity must be reviewed and acted upon by the State Board of Education. The extension is necessary due to delays mostly caused by […]

House Bill 447 with House Amendment 2


This Act implements some of the recommendations of the African American Task Force’s Safety and Justice Subcommittee. Specifically, it requires that cases or charges that are more than 7 years old be treated as “resolved in favor of” a child […]

House Bill 458


This Act authorizes the City of Wilmington to acquire vacant or abandoned property through the exercise of eminent domain when an ordinance declares the acquisition part of a community development plan necessary to prevent the decline or decay of the […]

House Bill 464


This Act creates the Equity Ombudsman Program and the Educational Equity Council. […]