(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.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS
Subchapter VII. Expungement of Criminal Records
§ 4372. Applicability; definitions; effect of expungement.
§ 4373. Mandatory expungement; application through SBI.
§ 4373A. Mandatory expungement; automatic.
§ 4374. Discretionary expungement; application to court.
§ 4375. Discretionary expungement following a pardon.