Delaware expungement mandatory 2025

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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.
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
A full, unconditional pardon restores all of an individuals civil rights, including the right to own a firearm. However, please be advised that an individuals juvenile, out-of-state, and/or federal criminal record may still prohibit certain civil rights from being restored.
How Do I Apply for Expungement? To apply for mandatory expungement, contact the SBI at (302) 739-5884 and ask for mandatory expungement. The SBI will determine whether you are eligible and if you are, they will send you a letter with instructions.
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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.
If the case was terminated in your favor, such as acquittal, nolle prosequi, dismissed, etc., there is no wait. If you were convicted of one or more violations in the same case, you must wait three years. If you were convicted of one or more misdemeanors in the same case, you must wait five years.
I heard about a clean slate act. What does that do? Delaware passed The Clean Slate Act, which will take effect in 2024 and creates a process for automatically expunging some records.

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