Expungement of Your Delaware Criminal Record

 

Most of us probably don’t think twice about background checks when applying for a job, housing or some kind of license. But if you are convicted of a crime in Deleware, you should, because it will go on your criminal record for anyone to see whenever one of these checks is done.

 

Having a criminal record can make it more difficult to live a normal life, since many employers and landlords may be more likely to go with someone who has a clean record. Luckily, the United States federal government allows a process called expungement, whereby your criminal records can be erased or sealed away from the public, preventing agencies that issue licenses, education grant agencies, credit card companies, employers, and other companies from accessing that information about you – it will be as if the conviction never occurred.

 

Each state has their own laws on expungement, and in Delaware, it is only granted to a few eligible people, and only then, after they fill out and file all of the correct paperwork to petition the court. Once this occurs, the decision goes to a judge who weighs the benefits of granting the expungement to ensure that it is in the favor of the court. If he or she believes this not to be the case, or if any paperwork was not correctly completed, the expungement may be denied.

 

Who can receive expungement in Delaware?

 

Expungement is not a civil right, it is a legal action and a privilege, and the court has the right to deny it. The nature of expungement makes it useful as a tool for those people who are attempting to turn their lives around and whom the state has deemed good citizens.

 

The state of Delaware only allows expungement under specific circumstances. In order for an individual to be eligible, they must be acquitted of the charges against them, or those charges must be dismissed in their favor and a nolle prosequi must be entered into the court at the time of the dismissal. After this, they may petition the court for expungement of all police records in relation to the crime or crimes they were charged with.

 

Delaware also offers mandatory expungement for misdemeanors and any crimes that are a violation of Titles four, seven, eleven, sixteen, or twenty-three. These crimes still must be dismissed or terminated fully in the individual’s favor.

 

It is also possible that the State Bureau of Identification might declare an expungement mandatory if it falls under certain terms. When this happens, the bureau will ensure that the individual, the proper courts, and the police agencies where the records are being held are notified as soon as possible. All files are required to be eliminated from public record and placed in the State Bureau of Identification’s supervisor’s control within 60 days of their declaration of the need for expungement. The Bureau will then see to it that these records are maintained within the department.

 

What does Delaware expungement really mean?

 

If your Delaware criminal record is expunged, your files will not be completely destroyed. The public will no longer be able to view them, but they will be sealed away so that the proper authorities may still access them under specific circumstances. An example of a circumstance in which your records could be accessed is in the event of a future crime committed by you. If this occurs, your previous expunged offense will work as a prior offense and mean that you will receive harsher punishments than if it was your first crime.

 

Other reasons why authorities might be granted access to your sealed criminal record include:

 

• New evidence is found in the past case, which could alter the charges leveled against you
• If you decide to run for public office
• If you decide to enter the military

 

In the latter two instances, it is required that all records be opened to complete thorough background checks.

 

If you are starting the expungement process on a case, you can hire a Delaware attorney to work with you to ensure the proper procedures are followed.