Delaware: Adult Convictions (DE-C-2)

Records of a misdemeanor or violation conviction for which a pardon was received can be expunged by the Superior Court. 11 Del. C. § 4375.

Record Detail(s)

Pardon

Misdemeanor

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

11 Del. C. § 4375(b).

Procedure General

The petition must be filed in the Superior Court in the county where the case was terminated. For the specific procedure, see 11 Del. C. sections 4374, 4375.

Fees

The Superior Court is empowered to set a "reasonable fee schedule" pursuant to section 4374(h).

Effect

The person need not disclose records expunged under this provision. 11 Del. C. §§ 4374, 4375.

Forms

Forms are available here.

Waiting Periods

There is no statutory language indicating that the petition cannot be filed immediately upon receipt of a pardon.

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