§ 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 […]
§ 4382. Forfeiture of good time.
§ 4382. Forfeiture of good time. (a) Any person subject to the custody of the Department at Level IV or V shall, upon the conviction of any felony during the term of the sentence, forfeit all good time accumulated to the date of the criminal act; this forfeiture is not subject to suspension. (b) Any […]
§ 4383. Earned compliance credit for probation.
§ 4383. Earned compliance credit for probation. (a) Any periods of probation sentenced to or released to probation on or after August 8, 2012, may be reduced by earned compliance credit under the provisions of this chapter and rules and regulations adopted by the Department of Correction. (b) Persons under supervision may earn up to […]
§ 4391. Definitions.
§ 4391. Definitions. The following words, terms and phrases, when used in this subchapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Crime of violence” means any crime which involves the use or threat of physical force or violence against any individual. For purposes […]
§ 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 […]