Delaware recently hit a population of just over one million people − and at least a third of them have criminal histories.
Once the Clean Slate Act takes effect on Aug. 1, 2024, it will automate the process to clear the records of an estimated 290,980 adults with criminal histories eligible for mandatory expungement. That estimate doesn’t include those who will become eligible after that date, nor does it include records that may be eligible for discretionary expungement.
Why do so many people have criminal history reports? Here are five facts that may help explain why expungement clinics are happening and who might be impacted most in Delaware.
1. You can have a criminal history without a conviction
Legally, you may be considered innocent unless proven guilty in a court of law, but you don’t have to be convicted of a crime in order to acquire a criminal history.
A criminal history report includes details on the government’s actions against someone, even if they’re just pending charges. The types of information found in a criminal history report can include:
- Driving violations
- Pending charges
- Probation before judgment
- Case dismissal
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2. Criminal histories are permanent
Length of time does not impact criminal histories. Without an expungement, the record will remain and be searchable in court and police databases.
And not all records are eligible for expungement.
3. Juvenile records are not sealed
Contrary to popular belief, juvenile records in Delaware are not automatically sealed, making them and adult records in Family Court accessible to future employers or those pulling information for a background check.
This information may make someone ineligible for a job, military service, rental property, or volunteer work.
4. Determining which record is eligible for expungement may require professional assistance
Only three people between the Department of Labor’s APEX program and the Office of Defense Services have access to the state’s official record system, DELJIS, which provides the most accurate way to determine whether a record is eligible for expungement or not.
Many people will need professional assistance. For those that do, various organizations host expungement clinics throughout the state where people with criminal records will be able to meet with attorneys, officials from the State Bureau of Identification and community reentry organizations to review their eligibility for expungements or pardons.
The Office of Defense Services, along with attorneys from McCarter & English, is hosting the next expungement clinic on Tuesday, Nov. 15 at the William “Hicks” Anderson Center in Wilmington from 2 p.m. to 6 p.m. You can also contact the Office of Defense Services using their online intake form.
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5. It is not inexpensive to clear your record
Between document requests and court filing fees, the minimum cost to clear a record is $52 in Family Court and $127 in other courts. The $52 is the fee to get fingerprinted and obtain a certified criminal history report from the State Bureau of Identification – a requirement in order to start the process of expungement.
Financial assistance may be provided at these expungement clinics like the one at the William “Hicks” Anderson Center.
Contact reporter Anitra Johnson at 302-379-5786 or ajohnson@delawareonline.com with tips and story ideas. Become a subscriber to access more stories and the best in local reporting
