Delaware Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

A pardon in Delaware will restore all civil rights to the person being pardoned, such as the right to vote, the right to serve on a jury, and the right to purchase and register a firearm.

How Do I Apply for Expungement? File a petition for expungement with the court you received your conviction. ... Get your criminal history report from the SBI. ... Create a packet with the two completed forms, including your certified criminal-history record, and the SBI letter that came with your record.

In 2021, Delaware became the fifth state to pass laws that meet Clean Slate criteria: automation of record clearance, automated clearance upon eligibility of the record, inclusion of arrest records, inclusion of misdemeanor records, and a strong recommendation for laws to include eligibility of at least one felony ...

Certain crimes cannot be expunged in Delaware. These crimes include first- and second-degree murder, first- and second-degree rape, first-degree sexual abuse of a child by a person in a position of trust, manslaughter, and most vehicle offenses.

In Delaware, if you have been arrested, charged but then granted a nolle prosequi you are entitled to have your criminal records expunged.

What does that do? Delaware passed The Clean Slate Act, which will take effect in 2024 and creates a process for automatically expunging some records. This is good news, but it is far from perfect. The automatic expungement will not apply to all criminal records that could be eligible for expungement.

Delaware law allows courts to seal juvenile records, so these records can be seen only by a court order. Delaware offers two types of expungement: A mandatory expungement, which is handled by the Delaware State Bureau of Investigation (SBI); and. A discretionary expungement, which is ordered by a court.

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Delaware Motion for New Trial for Purpose of Expunging Criminal Record