Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
Delaware Expungement Handbook - Procedures and Law
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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.
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.
If the case was "terminated in your favor", such as acquittal, nolle prosequi, dismissed, etc., there is no wait. If you were convicted of one or more violations in the same case, you must wait three years. If you were convicted of one or more misdemeanors in the same case, you must wait five years.
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 ...
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.
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.
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.