Delaware Motion to Seal Records and Documents

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A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

Delaware Motion to Seal Records and Documents is a legal procedure that allows individuals or parties involved in a case to request the sealing of their records and documents from public access. Sealing records means that certain information will not be available to the public or prospective employers when conducting a background check, maintaining privacy for the involved parties. There are several types of Delaware Motion to Seal Records and Documents that can be filed, depending on the circumstances: 1. Criminal Records Sealing: This type of motion is filed by individuals who have been convicted of a crime but want their criminal records sealed. It aims to limit public access to the criminal history, providing an opportunity for a fresh start and improved employment prospects. 2. Juvenile Records Sealing: Juvenile offenders can file a motion to seal their records, safeguarding their privacy and ensuring that their past offenses do not hinder future educational and employment opportunities. 3. Expungement: Expungement motions are requests to completely erase certain criminal records from public access. This type of motion is usually filed by individuals who have been acquitted, had charges dismissed, or completed their sentence, and aim to have their records completely expunged. 4. Protective Order Sealing: In cases involving sensitive information such as trade secrets, intellectual property, or personally identifiable information, individuals or companies can file a motion to seal documents to prevent public disclosure. This motion aims to protect confidential information from falling into the wrong hands. 5. Divorce Record Sealing: Parties involved in divorce proceedings may file a motion to seal certain records or documents to maintain their privacy and prevent sensitive information from becoming public knowledge. It is important to note that the process and requirements for filing a Delaware Motion to Seal Records and Documents may vary depending on the specific circumstances of the case and the type of record or document being sealed. Seeking legal advice or consulting with an attorney experienced in Delaware law is highly recommended ensuring that the motion is filed correctly and increases the chances of a successful outcome.

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Nolle prosequi (?null prosse?) is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date.

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

Loosely defined, it means to decline to prosecute. So, nolle prosequi refers to a prosecutorial decision to no longer prosecute or to decline the prosecution of a pending criminal case.

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.

Expungement deletes your criminal record and restores you to the status you had before the offense. In Delaware, the state hides the record so no one, other than judges and law enforcement, can see it. Anyone else, such as employers, landlords, banks, and so on, cannot see an expunged record.

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.

What does Nolle Prosequi mean? This is a Latin legal term meaning ?will no longer prosecute.? It is equivalent to ?dropping? a charge. Sometimes, it is appropriate for charges to no longer be pursued.

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.

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Either securely tape a photocopy of the Notice of Electronic Filing to the back of the envelope, OR, indicate the Docket Item # on the top front corner of the ... Select the appropriate category and event code. During the docketing process, a screen will appear with the question, “Should this document be filed under SEAL?To file a motion, you will need to file one original set and one copy of all the required documents listed above. In addition, you must provide two copies ... Expungement of Criminal Records Forms 26 Forms ; 282D, Petition for Expungement of Juvenile Record (Discretionary), 01/01/2022, Family Court, Fill-In Form ; 282M ... Aug 30, 2023 — Normally, in Delaware, parties are used to just filing things under seal, and then filing a redacted version seven days later. No motion to seal ... Sealed Documents. (a) Documents filed under seal MUST be formatted with a footer stating the following: THIS DOCUMENT IS CONFIDENTIAL AND FILED. UNDER SEAL. Mar 28, 2017 — The motion to seal may be filed in the 99-mc-9999 holding case, along with the initial pleading, but must not contain any confidential ... You must follow these steps to have your record sealed in such cases: Wait at least six months from the termination of the cases and then file an application ... Read Rule 5 - Service and filing of pleadings and other papers, Del. R. Civ. P. Super. Ct. 5, see flags on bad law, and search Casetext's comprehensive ... 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 ...

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Delaware Motion to Seal Records and Documents