§ 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 […]
§ 4377. Notification to federal government.
§ 4377. Notification to federal government. Upon the granting by the court of an order for the expungement of records under this subchapter, the State Bureau of Identification shall provide notice of the order of expungement to federal law-enforcement. 62 Del. Laws, c. 317, § 2; 76 Del. Laws, c. 392, § 3; 82 Del. […]
§ 4381. Earned good time.
§ 4381. Earned good time. (a) Subject to the limitations set forth in subsection (b) of this section, all sentences, other than a life sentence, imposed for any offense pursuant to any provision of this title, Title 16 and/or Title 21 may be reduced by good time credit under the provisions of this subchapter and […]