2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 43. Sentencing, Probation, Parole and Pardons
Subchapter VII Expungement of Criminal Records
§ 4375 Discretionary expungement following a pardon [Effective Dec. 27, 2019].

Universal Citation: 11 DE Code § 4375 (2019)

(a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the procedures set forth in § 4374 of this title.

(b) Exclusions. — Convictions of the following crimes are not eligible for expungement after a pardon under this section:

(1) Manslaughter, under § 632 of this title.

(2) Murder in the second degree, under § 635 of this title.

(3) Murder in the first degree, under § 636 of this title.

(4) Rape in the second degree, under § 772 of this title.

(5) Rape in the first degree, under § 773 of this title.

(6) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, under § 778(1), (2), or (3).

76 Del. Laws, c. 392, § 3; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 156, § 2; 78 Del. Laws, c. 256, § 6; 82 Del. Laws, c. 83, § 5.

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