2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 70. Delaware Wrongful Conviction Compensation and Services Act
§ 7007. Time to file.

(a) Statute of limitations. —

A petition under § 7004 of this title must be brought within 6 years after the provision of notice as required in § 7006 of this title.

(b) Pre-Enactment Claims. —

A petitioner who was incarcerated, placed on probation or parole, or required to register as a sex offender based on a criminal conviction prior to June 30, 2025, may bring a petition under § 7004 of this title based on that conviction within 6 years of by June 30, 2031.

(c) If, on or after a date 2 years before the limitations period under this section would otherwise expire, the petitioner obtains new evidence of innocence that the petitioner could not previously have obtained with reasonable diligence, the petitioner may file a petition under § 7004 of this title within 4 years of the date on which the petitioner obtains the new evidence.