Cohen v. State of Delaware.
Annotate this Case
Download PDF
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY EDWARD COHEN ) ) ) ) ) v. STATE OF DELAWARE No. 04X-02-009 ORDER Submitted: May 4, 2004 Decided: May 5, 2004 Upon Petition for Expungement of Criminal Record of Edward J. Cohen DENIED 1. The Petition for Expungement of Criminal Record of Edward J. Cohen was filed on February 3, 2004. The Petition seeks expungement of Petitioner s plea of guilty on December 15, 1988 to Possession/Consumption of Cocaine. Petitioner accepted the first offenders option. 2. The State of Delaware opposes the Petition on the grounds that Petitioner was convicted of the offense and also has a prior conviction for underage consumption of alcohol. 3. Petitioner argues that he pled guilty to take advantage of the first-time offenders program and that he did not actually possess or consume the cocaine at the time of the arrest. Although the conviction is removed in time, it has inhibited Petitioner s professional advancement. 4. Section 4372(a) of title 11 of the Delaware Code provides that the record of a person charged with a crime may be expunged if the person is acquitted or a nolle prosequi is taken. There is no provision for expungement when a person has knowingly, intelligently, and voluntarily pled guilty to a charge, regardless of the underlying reason for the plea. The manifest injustice analysis set forth in Section 4372(d) does not apply to charges resolved by a guilty plea. Expungement of a criminal record has been denied in Delaware even when the petitioner has been pardoned. THEREFORE, the Petition for Expungement of Criminal Record of Edward J. Cohen is hereby DENIED. IT IS SO ORDERED. ___________________________________ The Honorable Mary M. Johnston
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
