Delaware Motion for New Trial for Purpose of Expunging 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.

Delaware Motion for New Trial for the Purpose of Expunging Criminal Record A Delaware Motion for New Trial for the Purpose of Expunging Criminal Record is a legal document filed by an individual seeking to have their criminal record expunged. Expungement refers to the process of erasing, sealing, or destroying a person's criminal records, allowing them to regain a clean slate and legally deny or not disclose their prior convictions. In Delaware, individuals who have been convicted of certain crimes may be eligible for expungement after successfully filing a Motion for New Trial. This motion serves as a request to reopen the case and present new evidence that supports the argument for expungement. There are a few different types of Delaware Motions for New Trial for the Purpose of Expunging Criminal Record that can be filed: 1. General Motion for New Trial: This type of motion can be filed for various reasons, including newly discovered evidence, legal errors made during the trial, or misconduct by the prosecution or defense. By presenting strong evidence in support of expungement, the court may grant a new trial, allowing the individual to present their case for expungement. 2. Motion for New Trial based on Rehabilitation: Individuals who have demonstrated significant rehabilitation since their conviction may file this type of motion. It involves presenting evidence of changed behavior, completion of rehabilitation programs, educational achievements, and other factors that indicate the individual has successfully reformed. 3. Motion for New Trial for Juvenile Offenders: Delaware law recognizes that juvenile offenders deserve a chance for redemption. Juvenile offenders who have reached the age of majority may file this motion to have their criminal record expunged, provided they meet certain eligibility criteria. When filing a Delaware Motion for New Trial for the Purpose of Expunging Criminal Record, it is crucial to provide a detailed and well-supported argument for expungement. The motion should include relevant affidavits, documents, and any evidence that showcases the individual's rehabilitation, exemplary conduct since the conviction, community involvement, or any other factors that strengthen the case for expungement. By filing a Delaware Motion for New Trial for the Purpose of Expunging Criminal Record, individuals can take a proactive step toward eliminating the negative consequences of past convictions. Expungement enables greater opportunities for employment, housing, education, and overall social integration, empowering individuals to move forward and build a more positive future.

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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.

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.

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 ...

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.

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

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.

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.

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If the case was terminated, disposed of or concluded in the Court of Common Pleas, the Petition for Expungement is filed with the Prothonotary Office located in ... Expungement of Criminal Records Forms 26 Forms ; 191, Generic Motion Packet (Fill-In Form), 06/21/2021, Family Court, Fill-In Form ; 240, Information Sheet, 06/10 ...An overview of the expungement and record sealing process in Delaware County, PA. Others will need to apply for a discretionary expungement through the court system by first completing an expungement packet and submitting the completed ... Guide to restoration of rights, pardon, and criminal record sealing & expungement following a Delaware criminal conviction. The Court shall summarily reject any petition for expungement that does not include the petitioner's criminal history. Upon receipt of any petition, the ... Nov 10, 2021 — This bill, which is effective January 1, 2022, authorizes the clearance of certain low-level felony convictions through a mandatory expungement ... File a petition for expungement with the court you received your conviction. To access the expungement filing forms and instructions, visit the court clerk or ... If you're seeking to have your criminal record cleared, our Delaware expungement lawyers are here to help. You may be wondering how to get your record expunged ... Motion and Entry to Continue. Criminal Division. Application to Seal Record (Dismissed or Not Guilty) · Bail Bond Registration Application · Bail Bond Petition ...

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Delaware Motion for New Trial for Purpose of Expunging Criminal Record