August 30, 2018
Democrat Gov. John Carney signed legislation into law today vacating past marijuana convictions.
Senate Bill 197, which took immediate effect, “provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware’s decriminalization of these offenses.”
State lawmakers in 2015 enacted legislation reducing the possession of up to one ounce of cannabis from a criminal act to a civil violation punishable by a $100 fine only — no arrest, and no criminal record.
To be eligible for expungement under the new law, the defendant must have no other criminal convictions on their record.
In recent years, lawmakers in several states – including Massachusetts, Maryland, Oregon, and Rhode Island – have enacted similar expungement laws following the passage of either marijuana decriminalization or legalization. In California, legislation providing for mandatory expungement of past marijuana convictions is awaiting the Governor’s signature. An estimated 220,000 cases would be eligible for erasure or a reduction under the proposed law.
According to a nationwide poll released in June, 73 percent of Americans support the enactment of legislation “to automatically seal the records of individuals convicted of crimes related to the possession of marijuana.”
