Expunging a Conviction in Delaware

Not every criminal charge can be expunged in Delaware from one’s record. While some criminal charges, especially non-violent offenses, may be eligible for expungement, serious felony charges often remain. Knowing the nuances in Delaware expungement laws is important to understand which offenses can and cannot be cleared.

Expungement Of Juvenile Criminal Records

Family court typically handles juvenile records. In Delaware, these records may be easier to expunge than adult criminal records. This is especially true if the offenses were non-violent or if the individual has maintained a clean record into adulthood. This allows for a fresh start as the individual transitions into adult life, ensuring that youthful indiscretions don’t have lifelong consequences.

Expungement Of Adult Criminal Records

Adult criminal records, especially those involving violent offenses or felonies, can be more challenging to expunge. However, non-violent offenses or those that resulted in probation rather than jail time might be eligible, depending on the case’s specifics and the individual’s subsequent behavior.

Associated Fees and Paperwork

Expunging a record is not just about meeting eligibility criteria; there’s also a bureaucratic process involved. This includes completing the necessary paperwork, submitting it to the appropriate legal entities, and paying associated fees. Being meticulous with this paperwork is crucial, as errors or omissions can delay or derail the expungement process.

The paperwork and fees for expunging a record in Delaware depend on the expungement you seek. There are two types of expungements: mandatory and discretionary.

For a mandatory expungement, you need to contact the Delaware State Bureau of Investigation (SBI) at 302.739.5884 and request a mandatory expungement. The SBI will review your record and determine if you are eligible for a mandatory expungement. If you are, the SBI will send you a form to complete and return with a $52 fee. The SBI will then process your request and notify you of the outcome. If your request is granted, the SBI will expunge your record and send you a confirmation letter.

For a discretionary expungement, you need to file a petition with the court where your case was handled. You can find the petition form and instructions on the Delaware Courts website. You will need to provide information about your case, such as the charges, the disposition, and the date of arrest. You must also explain why you seek an expungement and how it will benefit you. You must attach a copy of your criminal record, which you can obtain from the Delaware State Police website.

You will also need to pay a $75 filing fee. The court will review your petition and schedule a hearing, where you may need to present evidence and arguments supporting your request. The court will then decide whether to grant or deny your petition. If your petition is granted, the court will order the SBI to expunge your record.

Expunging a record can be complex and lengthy, so it is best to consult a lawyer before you start.

How Much Does It Cost to Get a Record Expunged?

The Delaware expungement cost can vary depending on the complexity of the record and any additional court fees. Budget for these costs upfront and be aware that, in some cases, additional fees might arise during the process.

How Long Do You Have to Wait to Get Your Record Expunged?

The waiting period for expungement in Delaware can vary based on the severity of the crime and whether it was a juvenile or adult record. For example, felonies often require a longer waiting period than misdemeanors. Additionally, you must typically demonstrate a period of good behavior, ensuring they haven’t faced additional criminal charges during that time.

Some examples of waiting times for different crimes are listed below.

For a mandatory expungement, you can apply for an expungement as soon as your case is dismissed, acquitted, or not processed (meaning the prosecutor drops the charges). You do not have to wait for any period.

For a juvenile expungement, you must wait one year after completing your sentence or disposition order, whichever is later.

For a discretionary expungement of a misdemeanor, you have to wait for three years after completing your sentence, probation, or parole, whichever is later. However, some misdemeanors require a longer waiting period of seven years, such as domestic violence, stalking, child abuse, and sexual offenses.

For a discretionary expungement of a felony, you have to wait for seven years after the completion of your sentence, probation or parole, whichever is later. However, some felonies, whether committed by a juvenile or an adult, are not eligible for expungement at all, such as murder, rape, kidnapping, arson, and robbery.

Given the severe impact of these crimes, the state has a vested interest in maintaining a permanent record of such convictions to protect society and its citizens.

From a public safety perspective, these felonies signify a high threat to the community. The permanence of the record serves as an ongoing deterrent for the individual and others who might consider committing such acts. It also provides potential future employers and other entities with crucial information about an individual’s past, allowing them to make informed decisions that might concern public safety.

Victims’ Rights and Public Sentiment

For many serious offenses, victims and their families carry lifelong scars — be they physical, emotional, or psychological. Expunging records of such grave crimes can be seen as minimizing the significance of the act and the suffering of the victim. Retaining these records is, in part, a recognition of the lasting impact of these crimes on victims and a gesture toward upholding victims’ rights. Furthermore, public sentiment often supports the permanent documentation of heinous crimes.

Accountability and Recidivism

By keeping these records permanent, the state underscores the importance of accountability. While rehabilitation is a cornerstone of the justice system, certain crimes carry a weight that requires permanent acknowledgment. Additionally, studies have indicated that certain violent crimes have higher recidivism rates. Permanent records can help law enforcement and other agencies monitor and manage individuals with past violent offenses.

Legal Precedence and Uniformity

There’s a legal history of treating certain crimes with greater severity, and this is reflected in many facets of the justice system — from sentencing guidelines to parole considerations. The policy on expungement aligns with this tradition, creating a consistent approach to these offenses across the justice system.

Implications Of a Successful Expungement

Once a record is successfully expunged in Delaware, the individual no longer has to disclose it on most job applications, and it won’t appear in most background checks. This can open doors to opportunities previously hindered by a criminal record.

Consulting An Attorney

Given the intricacies of expungement and its significant impact on your life, consulting an attorney who handles Delaware expungement cases is your best option. A lawyer can guide eligibility, the process, and any potential hurdles that might arise.

If you’re considering expunging your record in Delaware, seeking professional advice is wise. Contact a Delaware expungement lawyer through LegalMatch to ensure your best chance at a fresh start.