The Delaware Second Chance Expungement Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Sources: Chapter 961a Section 54-142a (2019) / Chapter 960a Section 54-76o (2019) / Section 54-130a (2019) / Connecticut CCRC (6/4/2020) / State Official Guide (2019) / Board of Pardons Guide (2018) [we also consulted with a local attorney]
Summary of the Law
- Erasure/Destruction of records for any misdemeanor conviction granted absolute pardon, upon 3-year waiting-period from date of conviction. Section 54-142a(d)(1);(d)(2); Section 54-130a.
- Erasure for any convictions where the conduct was subsequently decriminalized (unauthorized possession of less than ½ ounce of marijuana - C.G.S. 21a-279a), with no waiting-period. Section 54-142(d).
- Felonies: Erasure/Destruction of records for any felony conviction granted absolute pardon, upon 5 year wait-period from date of conviction. Section 54-142a(d)(1);(d)(2); Section 54-130a.
- Not Eligible: None expressly stated, but Pardon Board takes into account severity of crime. (State Official Guide / Board of Pardons Guide)
- Lifetime or Other Limits: None Found
- LFO Payment Required for Sentence Completion: None Found
- Other Unmodeled Criteria or Details:
NON-CONVICTIONS: Chapter 961a Section 54-142a (2019)
- Erasure of any charges dismissed or found not guilty if time to appeal has run out (can assume 20 day limit), or if holding affirmed, then automatically with no wait time (Sec. 54-142a(a)).
- Erasure of any charges nolled, automatically, after a 13-month waiting-period from the date of disposition. (Sec. 54-142a(c)(1)).