Expungement Attorneys in Delaware
Expungement in Delaware
In Delaware, like many other states, expungement refers to having your criminal record sealed, not destroyed. Most importantly though, you are no longer required to report that you have been arrested or convicted. Delaware offers two types of expungement, (1) mandatory expungement, and (2) discretionary expungement.
In a mandatory expungement your record must be expunged if you:
- were charged with a misdemeanor and not convicted or found guilty.
- you have no previous criminal convictions.
You are not eligible for mandatory expungement if your case involved any felony, any misdemeanor “sex” offense, offensive touching, menacing, reckless endangering second degree, assault third degree, abuse of a sports official, terroristic threatening, unlawfully administering drugs, vehicular assault second degree, trespassing with intent to peer or peep, endangering the welfare of a child or an incompetent person, most misdemeanors alleging public corruption, and patient abuse. If any of these are the case you may be eligible for a discretionary expungement.
You are eligible to petition the court for a discretionary expungement so long as you have no criminal convictions. In your petition you must prove to the court that having the criminal record is causing a “manifest injustice”, or excessive hardship, such as finding a job or going to school. Again, you are only eligible for a discretionary expungement if you were not convicted of a crime.
You are eligible to petition the Governor for a pardon in Delaware if you are an adult and have been convicted of a criminal offense. While a pardon does not remove the record like an expungement does, it does add an entry to the record that your conviction has been pardoned.