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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.
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.
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.
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.
A. The mandatory expungement process is managed by the State Bureau of Identification(SBI). Anyone seeking a mandatory expungement must first be fingerprinted and request their Certified Delaware Criminal History. The fee for fingerprinting is $52.
Records eligible for discretionary expungement are: Misdemeanors eligible for mandatory expungement are eligible for a discretionary expungement after a three-year waiting period (two years before they would be eligible for the mandatory expungement process).
It is not inexpensive to clear your record Between document requests and court filing fees, the minimum cost to clear a record is $52 in Family Court and $127 in other courts.
How Do I Apply for Expungement? To apply for mandatory expungement, contact the SBI at (302) 739-5884 and ask for mandatory expungement. The SBI will determine whether you are eligible and if you are, they will send you a letter with instructions.