§ 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 § […]
§ 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 […]
§ 4353. Mental health evaluations required prior to parole.
§ 4353. Mental health evaluations required prior to parole. (a) No person who has been convicted of and imprisoned for any class A felony, felony sex offense or any felony wherein death or assault to a victim occurred shall be released from incarceration by the Parole Board until the Parole Board has considered a mental […]
§ 4354. Applicability to sentences imposed pursuant to truth in sentencing.
§ 4354. Applicability to sentences imposed pursuant to truth in sentencing. No sentence imposed pursuant to the provisions of the Truth and Sentencing Act of 1989, including sentences imposed for felonies under § 4177 of Title 21, shall be subject to parole under the provisions of this subchapter. 67 Del. Laws, c. 130, § 7; […]