Got a record? Changes are coming. What criminal record expungement is, how to get help

A criminal record, regardless of whether a person was convicted or not, can foreclose opportunity throughout a person's life.

Entities like landlords, employers and loan officers regularly run individuals backgrounds and a criminal record can restrain a person’s ability to better themselves and keep individuals in poverty. The consequences can impede everything from job prospects to the ability to coach a child's sports team.

In 2022, an official with Delaware’s American Civil Liberties Union said their best estimates show nearly 300,000 individuals have records eligible to be cleared. But the process for doing so can, in some cases, be complicated and costs money.

This guide is meant to help people understand what expungement is, how to get help and recent reforms to relevant state law.

When arrested, what record follows you?

The state has a centralized database in which people’s criminal records are compiled.

A person's criminal history includes arrests that did not result in a conviction, as well as charges of which a person was found guilty. So if you were arrested and the charge was dismissed, dropped or you beat the case, then the record of the arrest still lingers in the state's database.

So what's expungement?

Expungement essentially seals off record of arrest or criminal conviction from one’s background records. It also removes the legal obligation that you inform prospective employers of the record.

What if I was in trouble as a kid?

Juvenile records are not expunged automatically. If you have a criminal history dating back to adolescence, you still have to go through the state's Family Court to have the record expunged. The Delaware Office of Defense Services, the state's public defender, has more information about that.

Different processes

Whether or not one qualifies to have their record expunged and which process one must undertake to do so is specific to their criminal history. This is affected by factors generally including the nature of the original arrest or arrests, how the case played out in court and how much time has passed since then.

All cases where each of the charges ended in favor of the person accused − like an acquittal or case dismissal − are eligible for expungement upon request. That's as long as the person doesn't have any pending criminal cases.

From here, it gets a little more complicated.

RECENT COVERAGE: Those minor violations could be hurting you. How expungements can make a difference

However, the Delaware Office of Defense Services, the state's public defender, has information and intake forms, as well as a chatbot system that can help you determine your eligibility for expungement through these processes. There's more on that further down in this story.

When the record pertains to a case in which a person pleaded guilty or was convicted, there are generally two separate routes to seek expungement depending on multiple factors.

Some histories will fall into what's referred to as the “mandatory" category. These expungements are granted upon request if the conviction and person’s record meet specific criteria. Those criteria include the specific crime and how much time has passed since. An outline of such convictions can be found here.

More serious or lengthy criminal histories will possibly fall into what's known as the “discretionary” category. This requires a petition filed with the court and a judge’s blessing or pardon to expunge the records.

In these situations, the Delaware Attorney General, the state’s prosecutorial office, will respond to your petition and the court will weigh factors to decide on whether the expungement is granted. More information on the process for these expungements can be found here. In some cases, you may have to receive a pardon to qualify for expungement.

Getting started

Those who work in this area suggest people consult a group that helps people with this, but you can initiate and complete the process on your own, particularly if your criminal history falls into the mandatory (see above) expungement category.

The first step is getting your criminal record.

Expungements that fall into the mandatory category are handled by the State Bureau of Identification, a State Police arm that also oversees the state's criminal history database. The process starts by requesting your certified criminal history from them, submit to fingerprinting and pay a $72 fee.

If the SBI determines that a person is eligible for mandatory expungement, a criminal history packet will include an application, according to the courts. The results, which take about 4-6 weeks to arrive by mail, are valid for 45 days.

You then need to submit that application, and an additional $75 fee, within 30 days of the date listed on the forms.

Financial assistance is sometimes available to defray these costs. More info can be found through the links below.

Again, expungements that fall under the discretionary (see above) category are far more complicated and require petitions that can be found here. The ACLU also has an explainer of which crimes fall into that category here.

Changes are coming

In 2019, lawmakers reformed Delaware's system of expungement. Those changes, known as the Clean Slate Act, go into effect in August. The main thrust requires the state to automatically remove so-called mandatory (see above) expungements from a person's record without their petitioning.

The process should automate the clearing of records for those who qualify, but some things are unclear about the implementation of the law.

It will take time for the state to identify eligible records, it is possible some could be missed and the state hasn't set up a system to inform people whether or not their record has been automatically expunged, according to information on the Office of Defense Service website.

Who can help with this?

The state’s Office of Defense Services has a special unit to help people with the expungement process. Their website has intake forms, a "chatbot" that can help you understand your eligibility by asking a series of questions, as well as more information.

The state’s public defender also regularly hosts expungement clinics to connect their professionals with people who need help. The next one is Jan. 15. Information on that can be found here.

Delaware's ACLU also hosts a webpage with lots of background on specific questions about expungement.

The state’s Division of Social Services also helps people through its APEX program.

How to get help

Here's some contact information and other avenues to get help.

APEX: In New Castle County, contact Dominique Truitt at (302) 333-7605 or dominique.truitt@delaware.gov. In Kent and Sussex Counties, contact Andrew Duncan at (302) 233-6462 or andrew.duncan@delaware.gov

Complete this form for The Office of Defense Services

The Delaware Center for Justice: Call 302-658-7174; email center@dcjustice.org

Attend an ACLU Clean Slate Workshop or view their Mandatory Expungement Guide

You may also consult with a private attorney through Delaware Volunteer Legal Services by calling (302) 478-8680 if you're in Wilmington or (888) 225-0582 if you're in Sussex or Kent County.

This article originally appeared on Delaware News Journal: Criminal record expungement: How to get help in Delaware