Delaware Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

In Delaware, if you have been arrested, charged but then granted a nolle prosequi you are entitled to have your criminal records expunged.

Expungement in Delaware County, PA The conviction was a summary offense, and five (5) years have passed since the conviction. The person requesting expungement is 70 years old and at least ten (10) years have passed without criminal matters.

You can apply for expungement of a conviction only after you have completed your sentence. You must count from whatever date is the most recent, such as the date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution. Then you must wait for several years.

If an individual was arrested for or charged with one or more violations, misdemeanors, or felonies, but the case was "terminated in their favor," they qualify for mandatory expungement. Terminated in their favor refers to one of the following situations: acquittal or acquittal with the dismissal of other charges.

The Court has complete discretion in determining whether to order an immediate expungement or to require the filing of a mandatory expungement petition. The second way an expungement may occur is by filing a Petition for Expungement of a Juvenile Record.

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.

No. Your criminal history does not automatically go away when you turn 18, even if you were not convicted or not adjudicated delinquent. In Delaware, a criminal history is never destroyed or sealed.

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Delaware Motion to Expunge Criminal Offender Record due to Charges having been Dismissed