Delaware Expungement Mandatory Form
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People also ask
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What crimes can be expunged in Delaware?
All records where the “case is terminated in favor of the accused” are eligible for mandatory expungement upon request with no waiting period. A case terminated in favor of the accused can be expunged even if a person has prior or subsequent convictions that are ineligible for expungement.
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What is the new expungement law in Delaware?
September 4, 2024 Delaware began automatically expunging qualified criminal records on August 1, keeping with the Clean Slate legislation passed in 2021. Those with eligible misdemeanors, arrest records, and specific felony records can expect the courts to expunge these records automatically.
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What is the clean slate program in Delaware?
Passed in 2021, Delaware's Clean Slate Act legislation automates the process of expunging the records for individuals with eligible criminal histories. The State Bureau of Identification is now required by law to regularly identify and remove records that qualify for automatic mandatory expungement.
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How much does it cost to get your record expunged in Delaware?
i. If you qualify for mandatory expungement will need to follow directions received with criminal history, with $75.00 filing fee. ii. If you must file a discretionary expungement, the directions begin below; the filing fee with Superior Court is $75.00.
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How much does an expungement cost in Delaware?
Expungements that fall into the mandatory category are handled by the State Bureau of Identification, a State Police arm that also oversees the state's criminal history database. The process starts by requesting your certified criminal history from them, submit to fingerprinting and pay a $72 fee.
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What is the Clean Slate Act in Delaware?
The Clean Slate Law, first passed in 2021, automates the clearing of certain criminal records and began August 1st, 2024. Before the act went into effect, those seeking expungement would need to go through an expungement application process to remove arrests, charges, convictions, or adjudications from their records.
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Do I have to disclose a felony after 7 years in Delaware?
Do I have to disclose a felony after seven years? If you have an old felony that has been expunged, you can legally state that you haven't been convicted of a crime. However, the FCRA allows CRAs to report non-expunged felony convictions regardless of age.
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How long does it take to get an expungement in Delaware?
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.
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