Petition For Expungement of Adult Record - Delaware 2025

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If you were convicted of one felony that is not a physical or sexual assault crime, you must wait seven years. However, if you receive an unconditional pardon, there is no wait to ask for a discretionary expungement.
Convictions of the following crimes are not eligible for expungement after a pardon under this section: (1) Manslaughter, under 632 of this title. (2) in the second degree, under 635 of this title. (3) in the first degree, under 636 of this title.
On August 1, 2024, Delawares Clean Slate law went into effect, promising access to a true second chance for more than 290,000 Delawareans eligible for automated expungement of their criminal records. Clean Slate brought hope of finally living free from endless barriers to education, employment, housing, and more.
i. If you qualify for mandatory expungement will need to follow directions received with criminal history, with $75.00 filing fee. ii. If you must file a discretionary expungement, the directions begin below; the filing fee with Superior Court is $75.00.
In 2021, Delaware became the fifth state to pass laws that meet Clean Slate criteria: automation of record clearance, automated clearance upon eligibility of the record, inclusion of arrest records, inclusion of misdemeanor records, and a strong recommendation for laws to include eligibility of at least one felony
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