DE high court contemplates expungement eligibility criteria in out-of-state convictions case

Legal Battle Over Delaware Criminal Records Expungement

In a significant legal dispute, attorneys are representing three individuals who are seeking to have their criminal records expunged in Delaware. They argue that their applications were wrongly rejected due to convictions they have in other states.

The heart of the matter lies in the interpretation of a 2019 law that significantly expanded the criteria for expunging criminal records in the state. Under the previous law, individuals could only be eligible for expungement if their arrest did not lead to a conviction, or if they had received a pardon, but only for specific misdemeanor offenses.

The updated law, however, brings about mandatory expungement in cases where arrests didn’t result in convictions, as well as for convictions related to specific misdemeanors or violations stemming from the same incident. Mandatory expungement becomes an option if three years have elapsed since a violation conviction, or five years have passed since a misdemeanor conviction.

The law also provides room for judges to grant discretionary expungements for various crimes, including felonies, under specific conditions, including a seven-year waiting period for felonies and certain misdemeanors. In cases where neither mandatory nor discretionary expungement applies, individuals can attempt to obtain a pardon from the governor and then seek discretionary expungement if successful.

However, it’s crucial to note that to be eligible for expungement under this law, a person must have “no prior or subsequent convictions,” with a few exceptions like traffic offenses, simple marijuana possession, or underage possession of alcohol.

Defense attorneys argue that this provision should only pertain to prior or subsequent convictions within Delaware itself. They contend that if lawmakers intended it to include convictions from other states, they would have explicitly stated so in the law.

On the contrary, the attorney general’s office argues that if lawmakers wanted to limit the provision to Delaware convictions, they would have specified that. Since they didn’t, officials believe the provision should apply to any conviction in any state.

The purpose of the expungement law, according to state attorneys, is to give people who made a single mistake a “second chance” by clearing their record. It’s not meant to allow repeat offenders to avoid the consequences of their actions, as explained by Deputy Attorney General Elizabeth McFarlan.

The case now rests on whether out-of-state convictions should bar expungement of Delaware criminal records. The decision will have far-reaching implications for individuals seeking a fresh start in Delaware, and it’s up to the court to determine the interpretation of the law in this complex legal battle.

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