§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas.
§ 4503. Convictions before alderman or mayor; advising accused of right to trial by Court of Common Pleas. (a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding 1 month, or a fine not exceeding $100, any person convicted before any alderman or mayor of any incorporated […]
§ 4504. Postconviction remedy.
§ 4504. Postconviction remedy. (a) Except at a time when direct appellate review is available, and subject to the time limitations set forth in this subsection, a person convicted of a crime may file in the court that entered the judgment of conviction a motion requesting the performance of forensic DNA testing to demonstrate the […]
§ 4371. Statement of policy.
§ 4371. Statement of policy. The General Assembly finds that a criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely. 62 Del. Laws, […]
§ 4502. Stay of execution on writ of error or certiorari; requirements.
§ 4502. Stay of execution on writ of error or certiorari; requirements. No writ of error or writ of certiorari issuing from the Supreme Court in any criminal cause shall operate as a stay of execution of the sentence of the trial court unless such writ of error or writ of certiorari be sued out […]
§ 4372. Applicability; definitions; effect of expungement.
§ 4372. Applicability; definitions; effect of expungement. (a) This subchapter applies to all criminal cases brought and convictions entered in a court in this State. (b) For the purposes of this subchapter, a case is “terminated in favor of the accused” only if 1 or more of the following occurs: (1) The accused is acquitted […]
§ 4373. Mandatory expungement; application through SBI.
§ 4373. Mandatory expungement; application through SBI. (a) Eligibility. — (1) On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case, even if a person has prior or subsequent convictions that are ineligible for expungement, if all other charges in the case […]
§ 4373A. Mandatory expungement; automatic.
§ 4373A. Mandatory expungement; automatic. (a) A case that is eligible for mandatory expungement under § 4373 of this title is eligible for automatic expungement under this section. (b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § […]
§ 4374. Discretionary expungement; application to court.
§ 4374. Discretionary expungement; application to court. (a) Eligibility. — Upon petition to the appropriate court designated in subsection (c) of this section, an expungement may be granted if the applicant meets 1 of the following: (1) Was convicted of 1 or more misdemeanors other than those listed in § 4373(b) of this title relating […]
§ 4375. Discretionary expungement following a pardon.
§ 4375. Discretionary expungement following a pardon. (a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the […]
§ 4376. Disclosure of expunged records.
§ 4376. Disclosure of expunged records. (a) (1) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it is unlawful for any person having or acquiring access to an expunged court […]