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Legislators in Delaware passed a bill that creates opportunities for the automatic expungement of certain types of criminal records.

Senate Bill 111

Delaware’s Senate Bill 111 (SB111) is a Clean Slate Act titled An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Automatic Expungement. It calls for the State Bureau of Identification to identify and expunge eligible records each month.

SB111 specifies that once a record is classified as one that may be expunged, it will then be “removed from the files and placed in the control of the Supervisor of the State Bureau of Identification who shall be designated to retain control over all expunged records, and who shall insure that the records or the information contained therein is not released for any reason except as specified.” That must be done within 60 days.

When a record is scheduled to be expunged, the State Bureau of Identification shall notify all courts and law enforcement agencies that have any records regarding the case. As applicable, they will also inform any other courthouses at which the case was decided or otherwise concluded. Upon receipt of this information, the courts and agencies are then responsible for ensuring that any records they have on file are no longer publicly available.

SB111 goes into effect on August 1, 2024.

Requesting Expungements

Residents of Delaware may also request to have certain records expunged if this is not done for them automatically. SB111 notes that requesters do not have a cause for action even if they have a record that should have been identified as being one that could be automatically sealed.

Takeaways For Employers

Clean Slate Acts and other second chance laws are becoming increasingly common in the United States. Employers in Delaware should be aware of SB111 and know that many residents might have convictions expunged. After this happens, those records may not be considered by organizations while they are making hiring or other decisions about consumers.

When a record is expunged, the person who held it may act as if it never occurred. It is important for employers to not consider such information during the hiring process. One of the most reliable ways to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must voluntarily go through an audit and demonstrate that they follow reasonable procedures to only provide current, accurate and reportable data.

Because the second chance movement has become so prominent, employers throughout the country should understand that they may be subject to specific rules depending on where they operate. We recommend consulting with legal counsel to help ensure your business is complying with all applicable laws.

Running Background Checks

If your organization is in need of background checks for employment purposes, please contact us. Backgrounds Online is proud to be an accredited CRA with over 20 years of experience as a leader in the industry. Our team is well-trained and ready to assist you with all of your screening needs. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.