Delaware made it too hard to expunge juvenile records. We're fixing that.

Lisa Minutola is chief of legal services for the Office of Defense Services. Riya Saha Shah is senior supervising attorney at the Juvenile Law Center.

This April, we recognize ‘Second Chance Month’ but a second chance lasts more than a month. For youth who have been involved in the juvenile justice system, the positive effects of a second chance can last forever.

When children are arrested and found delinquent in a juvenile court, their future chances at success are limited by their juvenile records. Long after kids are deemed no longer in need of juvenile court supervision, records make it more difficult for them to enroll in higher education programs, obtain employment, and find housing.

But many states offer these youth a second chance through expungement. By allowing young people the opportunity to erase or expunge their juvenile records, these harmful consequences can be minimized. 

Despite the myth, in Delaware, a juvenile record does not magically disappear at age 18. Delaware does not have a process of automatic sealing or expungement. If you were arrested as a youth, you have a juvenile record, period.  

It doesn’t matter if you were found not guilty or if your charges were dismissed or dropped. It’s there for all to see, unless and until it is expunged by a court order.

In February 2016, Juvenile Law Center released a report ranking each state on its protection of juvenile records and the ease and effectiveness of expungement laws. Delaware was nearly last in the nation, scoring in the bottom 10 percent of all states.

Since Juvenile Law Center’s report, the Office of Defense Services (ODS) and a group of bipartisan lawmakers, as well as various stakeholders and other state agencies, have worked to reform Delaware’s complex juvenile expungement statute. In 2016, the legislature passed Senate Bill 198, which streamlined the process for youth to gain a mandatory expungement from Family Court and allowed some expungements to occur during the same court proceeding in which charges were terminated in the child’s favor.

The following year, Senate Bill 54 was passed, which expanded eligibility for more people to file a petition to expunge their juvenile record. ODS, in conjunction with other community partners, has hosted multiple expungement clinics throughout the state since 2016.  

Nearly 300 expungement petitions have been filed and granted.  

But there is still more that can be done.

Currently, the legislature is considering Senate Bill 146, which has bipartisan support, to grant Family Court the authority to immediately expunge a felony charge if the youth was found not guilty or the charges were dropped or dismissed. These changes are a step toward aligning Delaware with other states on increasing expungement availability, but more importantly, giving youth a second chance. 

In their own words, here’s what a second chance means to three people who recently had their juvenile records expunged:

“An expungement means that I’m no longer bound by a past that doesn’t define who I am today.” —Ziondra, 24.

Ziondra became involved in the justice system when she was 11. She now wants to go to law school.

“In my profession there is a need for background checks for insurance reasons, working papers, and continuing education. An expungement has helped me open up avenues that were once closed,” —Steve, 49.

Steve was affected by his juvenile record three decades after the fact. Mistakes he made when he was as young as 10 nearly jeopardized a 30-year career.

“My expungement gives me the ability to walk in for an interview and not have to worry about being judged on anything other than my presentation and my qualifications, the same opportunity as everyone else,” – Alex, 25.

Alex was 16 when he was adjudicated delinquent of a violent felony. He rehabilitated, earning his GED, graduating from Del Tech and Wilmington University with high honors.

Youth are not mini-adults, and the law needs to treat them accordingly. Policymakers and advocates are in a position to demonstrate that our judicial system and legislative framework is just and designed to allow youth to succeed, not doom them for the rest of their lives.

Youth should be held accountable for their conduct, but their records should not burden them forever. Giving them a second chance sets them up on a path to future success.   

MORE OP-EDS