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Delaware Expungement of Criminal Records Instruction Sheet

State:
Delaware
Control #:
DE-SC-083
Format:
PDF
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Description

Expungement of Criminal Records Instruction Sheet

Delaware Expungement of Criminal Records Instruction Sheet is a document that outlines the process for having certain criminal convictions expunged from an individual’s criminal record. This can provide individuals with a fresh start and a better chance for employment and other opportunities. There are three types of Delaware Expungement of Criminal Records Instruction Sheets: Adult Expungement, Juvenile Expungement, and Pardon Expungement. The Adult Expungement Sheet provides instructions on how to have certain adult criminal convictions expunged, such as misdemeanors and felonies. The Juvenile Expungement Sheet provides instructions on how to have certain juvenile criminal convictions expunged. The Pardon Expungement Sheet provides instructions on how to have certain criminal convictions expunged after the Governor has granted a pardon. All of these instruction sheets provide detailed information on the process of expungement, which includes filling out and submitting the necessary forms, providing supporting documents, and paying the required fees.

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FAQ

There are two types of expungements. The first type is a Mandatory Expungement. The second type is a Discretionary Expungement. Mandatory Expungements ? mandatory expungements are handled by the State Bureau of Identification (SBI).

Under the Adult Expungement Reform Act, if a person was convicted of a one or more criminal offenses, including most felony offenses, and is, thereafter, unconditionally pardoned by the Governor, then they may apply to the Court for a discretionary expungement of their arrest and prior conviction records.

To apply for expungement in Delaware, a person must first obtain a copy of their criminal record, which is available at the Delaware State Police website here. Mandatory expungements. For mandatory expungements, a person should contact the SBI at (302) 739-5884 and request a mandatory expungement.

All records where the ?case is terminated in favor of the accused? are eligible for mandatory expungement upon request with no waiting period. A case terminated in favor of the accused can be expunged even if a person has prior or subsequent convictions that are ineligible for expungement.

It is not inexpensive to clear your record The $52 is the fee to get fingerprinted and obtain a certified criminal history report from the State Bureau of Identification ? a requirement in order to start the process of expungement.

Criminal Records That Qualify for Mandatory Expungement in Delaware acquittal or acquittal with the dismissal of other charges. dismissal of the charge. order of probation with discharge. arrest without charges filed within one year. a decision of the prosecutor not to pursue the case, or.

You can apply to a court for discretionary expungement under the following circumstances: If you were convicted of one or more offenses, arising out of the same case, and the offenses are not excluded by Delaware law in Exhibit A, you must wait three years after conviction or release, whichever is later.

More info

Expungement removes information about a case from court and law enforcement records. When to File for Expungement: Certain misdemeanor convictions may be expunged after 10 years.Expungement generally applies to records that did not result in a conviction, but several specific types of conviction can also be expunged. Expungement and Benefit Reinstatement Forms ; AO 246A, Order of Discharge and Dismissal Under 18 U. S. C. § 3607(a), Expungement and Benefit Reinstatement Forms. See page 3 of this guide for instructions on ordering your record. Step 2: Review your California Criminal History record. Criminal Expungement Process. Fill out and print form SP 4-170. Get the correct forms. Expungement and sealing are two different options that remove records from public view.

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Delaware Expungement of Criminal Records Instruction Sheet