An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Expungement.
Impact
The implications of SB 124 would allow individuals with convictions that include Title 21 offenses to apply for expungement of other offenses without the previously strict requirement that all charges in a case must be expungable. This change could notably benefit many individuals who may have been discouraged from pursuing expungement due to the presence of such charges. Courts and the State Bureau of Identification would have mandated standards to follow concerning expungement applications, making the process clearer and more accessible for applicants.
Summary
Senate Bill 124 seeks to amend Title 10 and Title 11 of the Delaware Code regarding the expungement of criminal records. This legislative act aims to clarify provisions about the eligibility of certain offenses for expungement, specifically addressing Title 21 offenses—those typically related to motor vehicle law. A significant change introduced by this bill is that a conviction for Title 21 offenses does not inhibit an individual's ability to seek expungement of other eligible offenses that may be present in the same case. This alteration indicates a shift towards a more lenient approach for those seeking to clear their criminal records, promoting rehabilitation and second chances.
Sentiment
The sentiment surrounding SB 124 appears to be generally supportive, particularly among advocates for criminal justice reform. Supporters argue that this bill acknowledges the complexities of individuals’ criminal records and fosters an environment that facilitates reintegration into society. However, there may also be concerns from some facets of the public about ensuring that serious offenses are still appropriately recognized and managed, reflecting a balance that needs to be maintained as laws evolve.
Contention
While SB 124 proposes clearer pathways for expungement, potential points of contention could revolve around the definitions and classifications of offenses that fall under Title 21. The bill reiterates that specific offenses, such as reckless driving and operating a vehicle causing death, remain ineligible for expungement, which might lead to debates on whether other offenses should follow suit or be reclassified to allow more flexibility. The ongoing discourse may weigh the social benefits of expungement against public safety considerations.
Provides for the requirement of the division of administration to produce a non-discretionary adjusted standstill budget. (7/1/17) (EN SEE FISC NOTE GF EX See Note)