Delaware’s Clean Slate Act Goes Into Effect

The Delaware Clean Slate Act marks a significant shift in the state’s approach to criminal record expungement. The new legislation automates the expungement process for qualifying criminal records, potentially impacting hiring practices across various industries.

The new law will streamline the expungement process, making it easier for individuals to clear their records and reintegrate into society. We have covered similar laws in states like New York, Pennsylvania, Michigan, and Connecticut, where automatic expungement has been implemented to help individuals with low-level offenses clear their records.

A snapshot of Delaware’s Clean Slate Act

Senate Bill 111, passed in 2021, took effect on August 1, 2024. The bill automates Delaware’s pre-existing mandatory expungement process. Under this legislation, the State Bureau of Identification will automatically expunge records that fall under the mandatory category. The new automation is a departure from the traditional manual application process, where individuals seeking expungement historically had to apply to remove arrests, charges, convictions, or adjudications from their records.

The new law is expected to clear criminal histories for approximately 290,000 individuals, representing about a third of Delaware’s population. This widespread expungement aims to remove barriers for individuals with qualifying records, facilitating their reintegration into society and the workforce.

To read the full details of Senate Bill 111 and Delaware’s Clean Slate Act, take a closer look here.

Who qualifies for automatic expungement?

For a criminal record to be automatically cleared through the Clean Slate Act, it must qualify for “mandatory expungement.” Certain misdemeanors and felonies may not qualify due to specific details on a person’s record. These factors determine whether an expungement petition will be considered mandatory or discretionary.

Records Eligible for Mandatory Expungement

• Qualifying Arrests and Charges: Records of arrests and charges that did not result in a conviction.
• Misdemeanors and non-violent felonies: Specific misdemeanors and non-violent felonies that meet the criteria set forth by the legislation. Some examples from the supporting Senate Bill 112 are:
  • Drug possession (after five years have passed)
  • Miscellaneous drug crimes, maintaining a drug property, or unlawful dealing in a counterfeit or purported controlled substance (after 10 years)
  • Possession of burglar’s tools or instruments facilitating theft (after 10 years)
  • Second-degree forgery (after 10 years)
  • Unlawful use of card payment (after 10 years)

Records Not Eligible for Mandatory Expungement

• Serious Felonies: Convictions for serious felonies, including violent crimes, are not eligible for automatic expungement.
• Repeat Offenders: Individuals with multiple convictions may not qualify for mandatory expungement.

Convictions that do not meet the mandatory criteria may also be considered for expungement through a discretionary process involving a separate application and review. The qualifications for expungement under Senate Bill 111 are nuanced. To read more about the guidelines for automatic expungement under the bill, read more here.

The impact on employers in Delaware and across the nation

The Clean Slate Act supports diversity and inclusion initiatives by providing opportunities to rehabilitated individuals seeking a second chance to reintegrate into the workforce. Similar initiatives in other states that paved the way for clean slate laws have shown positive outcomes, making it easier for individuals to clear their records and reintegrate into society – streamlining background checks, enhancing the candidate pool, and supporting fair employment practices by automating the expungement of qualifying criminal records.

Although this new law represents a positive and transformative change in Delaware’s expungement process, it may temporarily impact hiring speed and record retrieval as qualifying expungements are processed. Additionally, employers hiring in and out of Delaware should remain mindful of employer regulations regarding second chance and clean slate laws in effect as the employment landscape rapidly evolves.