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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.
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.
For now, if you were charged with a crime in Delaware and want to remove it from your record, you must obtain an expungement to remove the arrest, charges, convictions, or adjudications.
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.
For mandatory expungements, a person should contact the SBI at (302) 739-5884 and request a mandatory expungement. If eligible, SBI will send a letter with further instructions and the required fees. Discretionary expungements.
Then in 2019, the General Assembly passed a landmark bill expanding access to second chances for adult Delawareans by creating the mandatory and discretionary expungement processes for most misdemeanors and felonies after a 3-7 year waiting period (depending on the underlying crime) without another conviction.
In Delaware, if you have been arrested, charged but then granted a nolle prosequi you are entitled to have your criminal records expunged.