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Del. Code tit. 11, § 4373A

Mandatory expungement; automatic

83 Del

(a) A case that is eligible for mandatory expungement under § 4373 of this title is eligible for automatic expungement under this section.

(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.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.