Delaware: Adult Convictions (DE-C-4)

Records relating to a conviction that resulted from being a victim of human trafficking can be vacated and expunged by the court immediately. 11 Del. C. § 787(j).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Vacate

Ineligible Category or Citation

Offenses designated as violent felonies in 11 Del. C. § 4201 are ineligible for expungement.

Procedure General

The petition must be filed in the court of conviction, describing the evidence that the person is entitled to relief as a victim of human trafficking. 11 Del. C. § 787(j).

Fees

There is no statutory language on fees.

Effect

The court enters an order vacating the judgment of conviction and dismissing the accusatory pleading, and may take such additional action as is appropriate in the circumstances or as justice requires. 11 Del. C. § 787(j)(2).

Waiting Periods

There is no waiting period.

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