DelawareTraffic offenses and civil violations would not block clearing eligible records
Delaware courts and state record officials could not reject requests to clear eligible criminal records solely because the case also has a traffic offense or civil violation.
What it does
Courts and state record officials could not deny requests to clear eligible adult charges solely because the same case includes a state or local traffic offense or civil violation. Those matters would not automatically be cleared.
Except for two types of juvenile cases listed elsewhere in the law, state or local traffic offenses and civil violations would not block clearing other eligible records. A felony drunk-driving conviction would still count.
Argument forSomeone with an eligible charge could clear that record even if a traffic offense or civil violation arose from the same incident.
Argument againstTraffic records could remain visible after related eligible charges are cleared, limiting how much of an incident people can put behind them.
More detail
Courts and the State Bureau of Identification could not deny an adult record-clearing request for this reason alone. This covers people seeking to clear eligible adult charges when the same case includes a state or local traffic offense or civil violation. The other charges must still qualify for clearing. Including a traffic offense or civil violation does not automatically make that matter eligible.
Courts could not deny a covered juvenile record-clearing request because it includes a traffic offense or civil violation. This covers juvenile record-clearing requests involving state or local traffic offenses or civil violations, apart from the two excepted types of cases. The other records must still qualify for clearing. A felony drunk-driving conviction still counts when eligibility is decided. Two types of juvenile cases listed elsewhere in Delaware law are excepted; this text does not describe their criteria.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 7Reported Out of Committee (Judiciary) in Senate with 2 Favorable, 3 On Its MeritsLatest
- May 5Introduced and Assigned to Judiciary Committee in SenateIntroduced
Criminal Justice