Delaware Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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US-02243BG
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Description

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

You are eligible to apply for an expungement at the end of your probation term- there is no 'waiting period' for a DUI expungement in California. You must have fulfilled all terms of your probation (such as Cal Trans, community service, payment of fines, and alcohol school).

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

The process of filing for expungement Step 1: Seek legal counsel. ... Step 2: Obtain and complete forms. ... Step 3: File for expungement. ... Step 4: Meet with your attorney to prepare for your hearing. ... Step 5: Your expungement hearing. ... Step 6: If your petition is accepted. ... Step 7: If your petition is denied.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

Enacted in September 2022 and fully implemented by July 2023, Senate Bill 731 builds upon the progress made by AB 1076 by extending automatic expungement to misdemeanor, non-violent felonies, and non-sex offenses that did result in incarceration, provided the defendant serve their time and stay out of trouble for a ...

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.

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.

A California expungement of criminal records under Penal Code Section 1203.4 is an option for defendants convicted of either misdemeanors or felonies that have successfully completed probation and not served time in state prison.

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Delaware Petition for Expungement of Record in Case of Acquittal and Release without Conviction