Over 64,000 cleared in first batch of automated Clean Slate cases

Salisbury, Md. – After passing the Clean Slate Act in 2021, state officials in Delaware have sought to automate the expungement of more than one million cases. Earlier this month, Governor Matt Meyer announced the state has initiated its first automated batch of Clean Slate cases, clearing more than 64,000 eligible cases and marking a major step forward in the State’s implementation of Delaware’s Clean Slate law.

However, in the time the bill went into law, advocates say its been slow to enact.

“No one turned the faucet on, it was merely dripping. And that drip would have taken over 20 years to clear the backlog of existing cases,” John Reynolds said. Reynolds is the deputy policy and advocacy director at the ACLU of Delaware.

However, Reynolds says while the 64,000 cases is a milestone, there is a lot of work to be done. But he says they are hopeful there will be more to celebrate. According to Meyer, the state intends to clear the “bulk of the current Clean Slate backlog by August.”

“There is no mission accomplished banner yet,” Reynolds said. “We need to make sure that Delaware lives up to its promise and that we can truly celebrate this August, that we’ve started a clean slate, automated process for real that will continue on into the future.”

According to officials at the Delaware Criminal Justice Information System, the automation is a rules-based technological process. It is not artificial intelligence making independent decisions, but rather applying statutory eligibility criteria to criminal justice data to help identify records that may qualify for Clean Slate processing.

Dominic Carretto, the Executive Director of the DELJIS, says that while the automation allows the state to process records more efficiently and effectively, the work still needs to be done carefully.

“These are criminal justice records, so accuracy, system integrity, and public safety remain very important. DELJIS’ focus is making sure the technology supports the law in a reliable, secure, and responsible way,” Caretto said in an email statement to WMDT.

Reynolds said having a record is much more common than people usually think.

“One in three Americans have some form of a record,” he said. “And in Delaware, it’s estimated that up to 400,000 Delawareans have some formula record. So, that’s above the national average, and that’s, you know, up to maybe 4 in 10 Delawareans.”

He said that challenges people face when seeking employment, housing or educational opportunities can also take their toll on those with records. He also said a “huge misconception” is that having a record doesn’t necessarily mean incarceration. Reynolds said that merely being arrested or charged with a crime, even if the case is dismissed, means a record will appear until it is expunged. Which, before the automated process, could be a years-long endeavor.

“The heartbreaking thing is that in this work, I’ve met with many people who were, in fact, victims of crimes, but due to the messy nature of the circumstance they were in, the police were doing the best they could, but ended up arresting some people who actually were not the perpetrators, but were the harmed in that instance,” Reynolds said. “And nevertheless, they had decades of navigating life with that record, and had no clear understanding about how to get rid of it.”

Tony Neal serves on the Georgetown Town Council and is a pastor at the Everlasting Hope Ministries Dream Center. He had a criminal record and had served time in prison over 30 years ago. Through petition, he managed to expunge his records after decades of good behavior and service to the community. He said the automation is a crucial step in moving forward in life.

“This is the most important thing that you have ever done in your life,” Neal said of going through the process of expungement. “You get your freedom back.”

He said there are many things those without records may take for granted, and those who are trying to make a change benefit from doing their part. Freedom, he says, does not begin after release from incarceration. Neal said it comes from accountability, hard work and a commitment to the community.

“I became a good father, you know, I became a good husband, you know, those little things became — that was part of my freedom,” he said.

“Things can change. You can change. No matter where you’re at, you still can put yourself in that community. But that takes hard work. It’s got to. I mean, when you start to respect yourself, then people start to respect you,” Neal said.

He said he uses his story to inspire others and serve as proof that second chances, no matter how unlikely, are possible.