DE SB198 | 2015-2016 | 148th General Assembly

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: Passed on September 6 2016 - 100% progression
Action: 2016-09-06 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

Summary

The continued existence and dissemination of juvenile criminal histories hampers an individual’s ability to be successful and a productive member of society. These criminal histories are a hindrance to employment, education, housing and credit. It is often difficult for indigent children, especially children in foster care, to overcome the hurdles required to obtain an expungement. Children are often unable to pay the fee required to obtain a criminal history from SBI. Children also do not have the knowledge or support to obtain documentation and file the petition as required by the current statute.This act streamlines the process of mandatory expungements by easing some of the cumbersome requirements currently in place. This change will save the Court time and resources and is in the interest of judicial economy. This change is also in the best interests of the child who may lack the resources, knowledge, and family support to file an expungement petition and obtain a criminal history on their own.Second, the act modifies the discretionary expungement provisions to allow more children the ability to petition the Court for an expungement. These changes allow the Court to consider an expungement where the child has demonstrated rehabilitation despite multiple youthful indiscretions. These provisions will enable a greater number of deserving youth the ability to move beyond their past and recognizes that most youth mature out of offending behavior.

Tracking Information

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Title

An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Expungements.

Sponsors


Roll Calls

2016-06-30 - Senate - Senate Third Reading (Y: 20 N: 0 NV: 0 Abs: 1) [PASS]
2016-06-29 - House - House Third Reading (Y: 33 N: 0 NV: 0 Abs: 8) [PASS]

History

DateChamberAction
2016-09-06HouseSigned by Governor
2016-06-30SenatePassed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2016-06-29HousePassed by House of Representatives. Votes: Passed 33 YES 0 NO 0 NOT VOTING 8 ABSENT 0 VACANT
2016-06-29HouseAmendment HA 4 - Passed in House by Voice Vote
2016-06-29HouseAmendment HA 4 - Introduced in House
2016-06-29HouseAmendment HA 3 - Passed in House by Voice Vote
2016-06-29HouseAmendment HA 2 - Stricken
2016-06-29HouseAmendment HA 1 - Stricken
2016-06-29HouseAmendment HA 3 - Introduced and Placed With Bill
2016-06-28HouseAmendment HA 2 - Introduced and Placed With Bill
2016-06-23HouseReported Out of Committee (JUDICIARY) in House with 2 Favorable, 5 On Its Merits
2016-06-22HouseAmendment HA 1 - Introduced and Placed With Bill
2016-06-21HouseIntroduced and Assigned to Judiciary Committee in House
2016-06-16SenatePassed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-06-16SenateAmendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-06-15SenateAmendment SA 1 - Introduced and Placed With the Bill in Senate
2016-06-15SenateReported Out of Committee (JUDICIARY) in Senate with 1 Favorable, 5 On Its Merits
2016-06-10SenateAssigned to Judiciary Committee in Senate

Delaware State Sources


Bill Comments

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