Legal representatives for three individuals seeking to clear their criminal records in Delaware are alleging their applications were unfairly rejected due to convictions in other states.
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The updated law stipulates mandatory expungement for arrests not leading to convictions and for convictions related to specific misdemeanors or violations arising from the same case. The new law mandates expungement for arrests that do not lead to convictions, and for convictions for certain misdemeanors or violations that stem from the same case. Mandatory expungement is available if three years have passed since a conviction for a violation, or five years have passed since a conviction involving a misdemeanor.
Conversely, the attorney general’s office argues that if lawmakers wanted to limit the disqualification provision only to convictions accrued in Delaware, they would have done so. Since they did not, the provision must be read to apply to any conviction in any state, officials contend. "The whole purpose of this is to give people a second chance, not 49 chances because we have 50 states," she told the justices.Justice Karen Valihura noted that a person with
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