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  • Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 -...

Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 - 4378. (Statute)

Category:
Statewide - Superior Court
State:
Delaware
Control #:
DE-SC-085
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Expungement of Criminal Records. Title 11 Del. C. 4371 - 4378. (Statute)
Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 – 4378. (Statute) is a set of laws that allow individuals with criminal convictions, arrests, or other criminal records to have their records sealed or destroyed. This process is known as expungement and can be done in order to give individuals a fresh start and allow them to move forward with life without the stigma of a criminal background. The different types of Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 – 4378. (Statute) are: 1. Expungement of Felony and Misdemeanor Convictions: This type of expungement allows individuals to have their felony and misdemeanor convictions sealed or destroyed. 2. Expungement of Arrest Records: This type of expungement allows individuals to have their arrest records sealed or destroyed. 3. Expungement of Juvenile Records: This type of expungement allows individuals who have juvenile records to have those records sealed or destroyed. 4. Expungement of Traffic Violations: This type of expungement allows individuals to have their traffic violations sealed or destroyed. 5. Expungement of DNA Profiles: This type of expungement allows individuals to have their DNA profiles sealed or destroyed.

Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 – 4378. (Statute) is a set of laws that allow individuals with criminal convictions, arrests, or other criminal records to have their records sealed or destroyed. This process is known as expungement and can be done in order to give individuals a fresh start and allow them to move forward with life without the stigma of a criminal background. The different types of Delaware Expungement of Criminal Records. Title 11 Del. C. 4371 – 4378. (Statute) are: 1. Expungement of Felony and Misdemeanor Convictions: This type of expungement allows individuals to have their felony and misdemeanor convictions sealed or destroyed. 2. Expungement of Arrest Records: This type of expungement allows individuals to have their arrest records sealed or destroyed. 3. Expungement of Juvenile Records: This type of expungement allows individuals who have juvenile records to have those records sealed or destroyed. 4. Expungement of Traffic Violations: This type of expungement allows individuals to have their traffic violations sealed or destroyed. 5. Expungement of DNA Profiles: This type of expungement allows individuals to have their DNA profiles sealed or destroyed.

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FAQ

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.

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.

Domestic violence-related offenses and driving offenses, such as DUI, do not qualify for mandatory expungement. Most adult felony convictions, and certain adult misdemeanor convictions are not eligible for mandatory expungement.

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).

This costs $52. There are three locations across Delaware. Next, SBI shares an official determination of eligibility and will contact the individual via mail. If the person is eligible for a mandatory expungement, they must communicate to SBI that they would like to expunge their record within thirty (30) days.

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

Statement of policy. The General Assembly finds that a criminal history is a hindrance to a person's present and future ability to obtain employment, housing, education, or credit.(B) The prosecutor's office and agencies shall be entitled to retain any and all records relating to the movant's arrest and conviction in a nonpublic file. Delaware law allows expungement of many criminal records through either a mandatory or discretionary petition process.

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