In Cornette v. State, 2024 Del. Super. Lexis 455 (June 11, 2024), the Superior Court denied a discretionary expungement because the applicant’s case included a Title 21 conviction. The Court held: “Pursuant to 11 Del. C. § 4372, in order for the Court to grant expungement the entire case must be eligible for expungement. This means that all charges within one case must be expungable. The Court will not split convictions and expunge a conviction in one case where the other charges within the same case are not expungable.” This Act makes all of the following clear: (1) The General Assembly’s intent in enacting some of the recent changes to Delaware’s expungement laws was to make clear that Title 21 offenses do not operate as a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the Title 21 offenses are combined in the same case with other offenses that are eligible for expungement. (2) A civil violation is not a bar to an individual seeking, or a court or the State Bureau of Identification granting, a discretionary or mandatory expungement, even if the civil violation is combined in the same case with other offenses that are eligible for expungement. (3) The definition of “case” does not include a Title 21 offense, or an equivalent offense, or a civil violation that is or could be joined for prosecution with another charge or set of charges related to a complaint or incident. Therefore, a court or the State Bureau of Identification may not deny a request for a discretionary or mandatory expungement under this subchapter because the set of charges for which the discretionary or mandatory expungement is sought includes a conviction of a Title 21 offense, or an equivalent offense, or a finding of, or agreement to, responsibility for a civil violation. (4) Driving after judgment prohibited, reckless driving, and operation of a motor vehicle causing death are not eligible for discretionary expungement as they are not reported on certified criminal histories. (5) References to Title 21 offenses include an offense under any county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any offense under Title 21 of the Delaware Code.
Sponsored bills
Maddy summarySenate Bill 68 establishes the specific fees, known as pilotage rates, that will be charged by the Pilots' Association for the Bay and River Delaware. This bill sets these rates for the years 2026, 2027, and 2028.
This Act makes the following changes to human trafficking law: (1) It adds “patronizing a victim of sexual servitude” and “ trafficking of persons for use of body parts” to the offenses that may serve as a predicate for forfeiture of property under the trafficking statute. (2) It removes an obsolete reference to charging a minor with delinquency for engaging in prostitution. The Criminal Code was revised in 2019 to define prostitution as a crime that may be committed only by a person who is 18 years of age or older. (3) It adds conduct constituting a human trafficking offense to the list of conduct that constitutes “abuse” for purposes of obtaining a protective order in Family Court.
This resolution recognizes April 28, 2025, as Workers Memorial Day in the State of Delaware and calls upon all Delawareans to remember those who have died on the job, to support policies that protect the living, and to advance the cause of safe and just workplaces for all.
This Concurrent Resolution recognizes May 6, 2025, as “Alpha Phi Alpha Legislative Day at the Capitol” in Delaware. It honors Alpha Phi Alpha Fraternity, Incorporated as an organization that has provided a voice and a strong vision to the struggle of African Americans and people of color in the State of Delaware and around the world.
Maddy summarySenate Concurrent Resolution 59 recognizes the period from April 28 to May 3, 2025, as "Auctioneers Week" in the State of Delaware. This resolution serves to acknowledge the auctioneering profession within the state.
This Act is a substitute for House Bill No. 104. This Act differs from House Bill No. 104 in that it corrects a typographical error in the Act and removes language from the synopsis that is not applicable to House Bill No. 104 or this Act. Like House Bill No. 104, this Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables an off-duty police officer to make arrests for offenses committed in the officer’s presence when the crime creates a substantial risk of death or serious physical injury to another person. (2) Enables an off-duty police officer to make arrests for certain serious traffic offenses committed in the officer's presence. (3) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence. The 3 additional traffic violations are: reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (4) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 enumerated traffic violations, the registration number of the vehicle, description of the vehicle, and number of occupants of the vehicle. (5) Enables an off-duty police officer to make an arrest at any location in this State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.
Maddy summarySenate Concurrent Resolution 55 recognizes April 18, 2025, as "National Line Worker Appreciation Day" in the State of Delaware. This resolution aims to honor line workers for their essential role in providing power and maintaining infrastructure across the state.
Maddy summarySenate Concurrent Resolution 56 designates April 17, 2025, as “Sigma Gamma Rho Day at the Capitol” in Delaware. This resolution formally recognizes the organization's presence and activities on that specific date within the state.
Maddy summarySenate Concurrent Resolution 48 officially recognizes April 2025 as "Child Abuse Prevention Month" within the State of Delaware. This resolution serves to highlight and raise awareness for child abuse prevention efforts during that month.