Expungements

Pursuant to 11 Del.C. §4373 and 10 Del.C. §1025(d), if you are charged with the commission of a crime designated as a misdemeanor or violation in Title 4, 7, 11, 16 or 23, and the case is terminated in your favor (i.e., the charge was dismissed or nolle prossed),and you have previously not been convicted of another criminal offense, you may submit a request to expunge your criminal arrest with the State Bureau of Identification and this expungement would be mandatory unless you were charged with offenses listed under 11Del.C. §4373(c) or 10 Del.C. § 1025(d)(2).

If your offense is listed under 11 Del.C. §4373(c) or 10 Del.C. § 1025(d)(2), you may still be eligible for an expungement but the expungement would now be discretionary under 11Del.C. §4374 and 10 Del.C. §1025(e). In this case, you need to file your expungement petition with either Superior Court or Family Court.

If you were ever convicted of a crime (misdemeanors or violations only), all is not lost. You may still expunge your criminal record; however, you first must seek an unconditional PARDON for your offense by the Governor of the State of Delaware before an expungement can be granted. If you were convicted of any crime listed in 11 Del.C. §4375(b), however, you would not be eligible for an expungement after a pardon. If you were ever convicted of a felony, you can never get an expungement.

EXCEPTION: If you were convicted of entering or remaining in a tavern, taproom, or package store while under the age of 21 or underage possession/consumption of alcohol in violation of 4 Del.C. §§904(e)(f), you may still get an expungement of that conviction (if that is the only conviction on your record) pursuant to 4 Del.C. §904(o). Upon reaching your 21^st birthday, you may apply for an expungement of the record of the conviction and any indicia of arrest to the court in which you were convicted. An order granting expungement is mandatory upon showing you have reached the age of 21 unless you failed to comply with the court's sentencing order or you were once again charged with a similar alcohol-related crime after your conviction. Upon issuance of the order of expungement, the records of the conviction and any indicia of arrest shall be dealt with in accordance with procedures specified in 11 Del.C. §§4373(c), 4374 and 4375. Important Note: Pursuant to 4 Del.C. §904(o), all sentencing orders for violations of 4 Del.C. §904(e)(f), shall state that the record of conviction may be expunged upon reaching the age of 21 and thereafter. A court civil filing fee shall apply to applications for expungement plus a $100 fee payable to the State Bureau of Identification.

Whether you are seeking a mandatory expungement, discretionary expungement or an expungement after a Pardon, your first step is getting a copy of your criminal record from the Delaware State Police. You may obtain your criminal record by contacting either Troop 2, 100 La Grange Avenue, Newark, DE 19702 [800-464-4357] and scheduling an appointment to obtain your record or the Delaware State Police Headquarters, 1407 N. DuPont Highway, Dover, DE 19901 [302-739-5882] and going there any day to obtain your record. There is a fee for obtaining your record. You must include a copy of this criminal record with your petition filed in Superior Court or Family Court when seeking an expungement.

When you obtain your criminal record, tell the Delaware State Police you are doing so for expungement purposes. They will then send you a letter, with your criminal record, informing you whether you are eligible for a mandatory expungement or a discretionary expungement. If you are eligible for a mandatory expungement, you'll just send a payment back to them to expunge your record and they'll have to do it because it's mandatory.....it's that easy. If you are eligible for a discretionary expungement, you need to file a petition in either Superior Court or Family Court.

That's where I come in. I can help you file the petition in Family Court or Superior Court, if needed. A court civil filing fee (for both Family Court and Superior Court) shall apply to applications for expungement in addition to the fee you paid to get a copy of your criminal record.

Good luck!

Alternatives to Conviction on Criminal Charges

I also advise and represent clients who face criminal charges, with the purpose of minimizing potential penalties and keeping their records clean through alternative sentencing arrangements. Under programs such as Probation Before Judgment, Mediation, and Arbitration, a criminal conviction may be stayed pending the offender's completion of certain mandated requirements, community service, or continued good behavior. The Law Offices of Francis E. Farren can advise you of your alternatives to criminal conviction.