Page 14 - Delaware Lawyer - Spring 2022

FEATURE | A CLEAN SLATE
Automatic Expungements Coming
On August 1, 2024, mandatory ex- pungements will become automatic pursuant to the Clean Slate Act under 11 Del. C. § 4373A. SBI plans to cre- ate an automated system to expunge re- cords without the need to secure a certi- fied criminal background, pay filing fees or wade through additional administra- tive hurdles. Until such time, individu- als must still obtain a certified criminal history, and then pay a filing fee to SBI for a mandatory expungement. How- ever, additional hurdles remain.
The Expungement Process
The time, expense and multi-step logistics can be cumbersome for many people. In order to obtain a certified criminal history, a person must either visit SBI in Dover or make an appoint- ment at New Castle County Troop 2 or at the Sussex County Thurman Adams State Service Center to get fin- gerprinted. Securing an appointment, making transportation arrangements and blocking out time to visit one of these locations can often be financially
burdensome and time consuming. The certified criminal record costs $52 alone. Following receipt of the certi- fied criminal history, the applicant must then complete the mandatory expunge- ment form and submit a certified check or money order for $75 to SBI to final- ize the expungement. Understandably, the $127 total cost for a mandatory ex- pungement poses a financial barrier to many individuals.
Additionally, until the process be- comes automated, other challenges exist to clearing criminal records. Many in- dividuals are unaware of their eligibility for a mandatory expungement. Equally, there are far more individuals with crim- inal records who are not eligible for a mandatory expungement, but may be eligible for other pathways to clear their criminal record. Some people may be eligible for a discretionary expungement through the Courts or a pardon through the Board of Pardons. However, others may not yet be eligible because they have pending charges, are on probation or parole, or have outstanding fines and fees that must be resolved before they may become eligible.
Office Of Defense Services Post Disposition Unit
Although the process and oppor- tunities for expungements have ex- panded greatly, legal representation and continued advocacy will continue to increase access and eligibility for criminal record clearing. The Office of Defense Services (ODS) recently created a Post Disposition Unit to help clients obtain “second chances” as part of holistic defense. The legal services offered by the Post Disposi- tion Unit include mandator y and dis- cretionary expungements, pardons, commutations, sentence modifica- tions, juvenile sex offender registry removal and other collateral matters. The Unit also has a Community En- gagement Specialist, Coley Harris, whose role is to promote awareness of ODS’s holistic defense ser vices, edu- cate the public, and answer questions regarding resources and collateral consequences of criminal records.
The Second Chances Coalition
In addition to the ODS Post Dis- position Unit, the Second Chances
12 DELAWARE LAWYER SPRING 2022