Delaware Code Title 11 Sec. 4373A – Mandatory expungement; automatic
(a) A case that is eligible for mandatory expungement under § 4373 of this title is eligible for automatic expungement under this section.
Terms Used In Delaware Code Title 11 Sec. 4373A
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 4372(e)(2) of this title to expunge the eligible records.
(c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section.
(d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 4373(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred.
(e) An individual does not have a cause of action for damages as a result of the failure to identify an individual’s case as eligible for automatic expungement.