§ 4392. Identification and selection of participants.
§ 4392. Identification and selection of participants. (a) An offender sentenced to supervision Level I, II or III is not eligible for house arrest placement unless specifically ordered by the sentencing judge, or as a result of administrative detention under § 4334(d) of this title. (b) Any person committed to the corrections center to serve […]
§ 4362. Psychiatric examinations.
§ 4362. Psychiatric examinations. (a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of an act causing death (subpart B of subchapter II of Chapter 5 of this title); sexual offenses (subpart D of subchapter II of Chapter 5 of […]
§ 4393. Requirements for participation.
§ 4393. Requirements for participation. (a) No person shall be eligible for the house arrest program unless the person meets the following requirements: (1) Participation shall be; voluntary. (2) Participation shall be limited to the following types of offenders: a. Individuals found guilty of crimes who, due to the characteristics of the crime and/or the […]
§ 4363. Request for advice from Board of Parole.
§ 4363. Request for advice from Board of Parole. Whenever the Board of Pardons receives an application for recommendation of pardon or commutation of sentence from a person who is in legal custody of the Department of Correction, the Board shall request from the Board of Parole a report summarizing the complete record of such […]
§ 4394. Requirements for continued participation.
§ 4394. Requirements for continued participation. No person shall remain in the house arrest program if such person fails to meet any of the following conditions: (1) Each participant shall perform whatever community service work is assigned by the court or by the Department; (2) Each participant shall remain confined to the residence approved by […]
§ 4364. Effect of pardon; restoration of civil rights.
§ 4364. Effect of pardon; restoration of civil rights. Except as otherwise provided by the Delaware Constitution, or expressly by any provision of the Delaware Code or any court rule, the granting of an unconditional pardon by the Governor shall have the effect of fully restoring all civil rights to the person pardoned. Such civil […]
§ 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, […]
§ 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 § […]