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Delaware Affidavit in Support of Motion to Order Expungement of Criminal Record

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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.

A Delaware Affidavit in Support of Motion to Order Expungement of Criminal Record is a legal document filed by an individual seeking to have their criminal record expunged in the state of Delaware. This affidavit serves as a formal request to the court to review the individual's case and potentially grant an expungement, which would remove the criminal record from public view. Keywords: Delaware, affidavit, motion, order, expungement, criminal record In Delaware, there are two main types of Affidavits in Support of Motion to Order Expungement of Criminal Record: 1. Adult Expungement Affidavit: This type of affidavit is used by individuals who were 18 years or older at the time of the offense they wish to have expunged. The affidavit details the specific offense, the reasons for seeking expungement, and any applicable supporting evidence or documentation. 2. Juvenile Expungement Affidavit: For individuals who were under 18 years old at the time of the offense, a Juvenile Expungement Affidavit is necessary to seek expungement of their criminal record. This affidavit requires similar information as the Adult Expungement Affidavit but may include additional details related to the individual's status as a minor at the time of the offense. Both types of affidavits require the person seeking expungement to outline the reasons for their request, such as rehabilitation, employment opportunities, or educational pursuits. They may also need to provide evidence of good conduct and any relevant supporting documentation, such as character references or completion of rehabilitation programs. Once the affidavit is completed, it must be filed with the appropriate Delaware court. The court will then review the motion, consider the supporting evidence and arguments presented, and ultimately decide whether to grant the expungement request. It's important to keep in mind that the eligibility requirements and process for expungement may vary depending on the specific circumstances and the type of offense committed. Therefore, consulting an attorney or conducting thorough research is crucial for understanding the requirements and ensuring proper completion of the Affidavit in Support of Motion to Order Expungement of Criminal Record.

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How to fill out Delaware Affidavit In Support Of Motion To Order Expungement Of Criminal Record?

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What does that do? Delaware passed The Clean Slate Act, which will take effect in 2024 and creates a process for automatically expunging some records. This is good news, but it is far from perfect. The automatic expungement will not apply to all criminal records that could be eligible for expungement.

A pardon in Delaware will restore all civil rights to the person being pardoned, such as the right to vote, the right to serve on a jury, and the right to purchase and register a firearm.

To obtain an expungement or limited access order, you must petition for the relief in the court of common pleas for the county in which you were cited or arrested. The Administrative Office of Pennsylvania Courts has blank forms available.

Certain crimes cannot be expunged in Delaware. These crimes include first- and second-degree murder, first- and second-degree rape, first-degree sexual abuse of a child by a person in a position of trust, manslaughter, and most vehicle offenses.

Delaware law allows courts to seal juvenile records, so these records can be seen only by a court order. Delaware offers two types of expungement: A mandatory expungement, which is handled by the Delaware State Bureau of Investigation (SBI); and. A discretionary expungement, which is ordered by a court.

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.

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.

In 2021, Delaware became the fifth state to pass laws that meet Clean Slate criteria: automation of record clearance, automated clearance upon eligibility of the record, inclusion of arrest records, inclusion of misdemeanor records, and a strong recommendation for laws to include eligibility of at least one felony ...

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Delaware Affidavit in Support of Motion to Order Expungement of Criminal Record