The Delaware Petition For Expungement of Criminal Records With Instructions is a legal document used to petition the court to expunge a criminal record in the state of Delaware. The document includes instructions on how to complete the petition and submit it to the court for consideration. There are two types of Delaware Petition For Expungement of Criminal Records With Instructions: adult and juvenile. The adult petition is used by individuals aged 18 and over who are seeking to have their criminal records expunged. The juvenile petition is used by those aged 17 or younger who are seeking to have their juvenile records expunged. Both petitions require the petitioner to provide information regarding the criminal or juvenile offense, prior convictions, and any mitigating circumstances that may have played a role in the offense. Additionally, the petitioner must demonstrate that they have met all the applicable requirements for the expungement, such as completing any court-ordered programs or restitution, and have not been convicted of any subsequent crimes.
Delaware Petition For Expungement of Criminal Records With Instructions
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How to fill out Delaware Petition For Expungement Of Criminal Records With Instructions?
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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.
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.
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.
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.
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).
A criminal record is never destroyed in Delaware and, until 2024 upon the enactment of the Clean Slate Act, is not automatically sealed. An expungement is the only way to remove arrests, charges, and adjudications of delinquency from a criminal background history.
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.
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.