
CHAPTER 43 SENTENCING, PROBATION, PAROLE and PARDONS Subchapter VII Expungement of Criminal Records Form
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People also ask
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What is the statute of limitations for felonies in Delaware?
Criminal Statutes of Limitations in Delaware Most sexual offenses, and attempts to commit these crimes, may be tried at any time. Cases for trafficking or attempted trafficking when the victim is a minor may be tried at any time. Cases for any other felony must start within 5 years.
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How far back does the Delaware background check go?
How Far Back Do Background Checks Go in Delaware? For private employers, the FCRA's seven-year lookback period will control how far back certain types of information can be reported on background checks.
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How long does a felony stay on your record in Delaware?
If you were convicted of one felony that is not a physical or sexual assault crime, you must wait seven years. However, if you receive an unconditional pardon, there is no wait to ask for a discretionary expungement.
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What offenses cannot be expunged in Delaware?
Convictions of the following crimes are not eligible for expungement after a pardon under this section: (1) Manslaughter, under § 632 of this title. (2) Murder in the second degree, under § 635 of this title. (3) Murder in the first degree, under § 636 of this title.
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Does your criminal record clear after 7 years in the USA?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
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What is the new expungement law 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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Do I have to disclose a felony after 7 years in Delaware?
Criminal convictions also do not fall under the seven-year lookback period, and CRAs can report them regardless of age. Delaware employers that intend to conduct pre-employment background checks must inform their candidates in advance in writing.
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