Delaware to expunge single pot convictions if Governor signs

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Marijuana legalization advocates in Delaware didn’t get their way this year, as a long-debated bill to grant their wish failed.

But in Delaware, which decriminalized possession of less than an ounce of pot three years ago the lawmakers have taken steps to assist users who were F’d in the A by police.

The bill that passed in the General Assembly session last Sunday morning, nearly 1,300 people with a single conviction of marijuana possession or use could get an automatic expungement, according to data from the Delaware Criminal Justice Information System. (Only  Nearly 1300 ?)

Legal advisers are reviewing the bill and Gov. John Carney is expected to sign it into law.

Those ticketed for simple marijuana possession since 2015 have received a civil violation and a fine. Those convicted prior to the change in the law have a criminal record (Really)

Only those charged with a single misdemeanor charge of possession or use before 2015 — and have no other criminal convictions for any crime — are eligible for the automatic expungement. The measure would not apply to charges that were reduced from a felony.

Under current law, adults cannot apply for an expungement unless they’re not convicted or are pardoned. — (Age Discrimination?)

But now they are guaranteed an expungement as long as they apply and pay the $75 fee (LOL $$$).

The new law could help people who had the unfortunate luck of being caught and has labeled them as criminals when applying in the job market (get them back to paying taxes…please).

“What you have to do today is apply and go for a pardon, which takes money and time and isn’t guaranteed. And if you did get a pardon you have to apply for the expungement, which takes time and money (again LOL $$$).

Michael Komorn-Criminal Defense Attorney

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