State of Delaware Child Protection Accountability Commission – PDO Library

CPAC Permanency for Adolescents Committee - Juvenile Expungement Workgroup

March 14, 2014 Meeting Minutes

In Attendance:

Lisa Minutola, Esq., PDO

Tania Culley, OCA

Kirsten Cornnell, DCJ

Tom Foley, Esq.

Carrie Hyla, Family Court

Members of the Public

Michael Hoffman, Esq.

  1. Welcome and Introductions

The meeting began at 3 pm. Welcoming remarks and introductions were made.

  1. Approval of minutes

Minutes from the 2/21/14 were unanimously approved.

  1. Discussion of Proposed Statute and Possible Changes to draft

Points of discussion centered on the concerns, changes discussed and tasks assigned to the members at the 2/21/14 meeting as documented below. Assigned task noted first and action taken noted in bold

1015 (c) – Mark Conner to check on use of “criminal”- Concerns with how this affects Title 21 cases;Changed language to from criminal to delinquency.

1015 (d) – Lisa Minutola to modify language about fees once Carrie Hyla gives feedback from court on the fees; Family Court has agreed to waive the filing fee to juvenile expungement petitions and this will be published in the Family Court’s fee schedule. Language of 1015(d) to remain as is.

1016 (1) – John Deckers to draft new language on Adjudication definition;Decided that language is sufficient as is.

1016(2) – Tom Foley to draft new language to define “case”;New language to define case added.

1016 (6) – Mark Conner to check on language same issue with the use of “criminal” as 1015 (c) to make sure we capture the right cases;Not addressed as no representative of DOJpresent.

1016 (7) – Lisa Minutola to modify “Terminated in favor of the accused” so it matches adult statute; Reviewed this section which does track the adult statute and adds in specific reference to the various diversion programs in Family Court. Language to remain as is.

1017 (c) – Per Mark Conner DOJ opposed to immediate expungement – defense feels this is necessary – may just be an area that we cannot agree on. Lisa Minutola will change the language to make it clear that it is only the instant offense(s) that are being expunged;Language changed to address “instant offense.” Remaining issue not addressed as no representative of DOJ present.

1018 (3) – Lisa Minutola to separate it out to two sections – one for multiple misdemeanors and one for misdemeanor and non-violent felonies – from my notes I think the time frame is 5 years for both scenarios;Discussion regarding changes that need to be made to make section on felony plus misdemeanor adjudication clearer. Lisa Minutola to change draft with language suggested by Tom Foley and Tamia Culley.

1018(5) – Mark Conner suggested the catch all be 15 years – Carrie Hyla and Lisa Minutola suggested no more than 10 – Will DOJ agree to anything less than 15? Decided make the catch all 7 years. Other concerns not addressed as no representative of DOJ present.

1018 (e) -Per Mark Conner, DOJ opposed to immediate expungement – defense feels this is necessary – may just be an area that we cannot agree on. Lisa Minutola will change the language to make it clear that it is onlythe instant offense(s) that are being expunged; Language changed to address “instant offense.” Remaining issue not addressed as no representative of DOJ present.

  1. Future Meeting Schedule

No future meetings needs as draft completed and will be sent to CPAC. Workgroup disbanded

  1. Vote

The work group unanimously approved the draft with the changes noted above

  1. Public Comment

There being no public comment, the meeting was adjourned.