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Delaware Expungement Attorneys

Helping Clients Start Fresh Throughout Delaware

If you’ve been arrested, charged, and/or convicted of a crime, that information will be placed on your criminal record in Delaware. The public can access it, which means that people in your community, potential employers, potential colleges and universities, and any other entities can see it.

This can be damaging to your reputation and make it difficult for you to get a job or further your education. You might be unable to live your life as you once did. Fortunately, depending on your circumstances, the information on your public criminal record does not have to stay with you forever.

How to Get Your Record Expunged in Delaware

You can seek an expungement, which would erase the information and remove it from public view with the help of a Delaware expungement lawyer. At Abram, Gulab & Hutchison, we understand how damaging having a criminal record can be, and we’re here to help you get a second chance at life.

Our Delaware expungement attorneys have over 45 years of combined criminal law experience. We know how the justice system works, and we know the laws and rules you must follow to successfully petition to have your record cleared. Our team will explain the process to you, help gather the necessary paperwork, and submit the petition to the correct place.

Ready to Erase Your Criminal Record? Call Abram, Gulab & Hutchison today at (302) 405-7010 or contact us online to discuss your Delaware expungement options.

Understanding Your Expungement Options in Delaware

Delaware offers two mechanisms for the clearing of criminal records:

  • Mandatory expungements
  • And discretionary expungements

Mandatory Expungement Requirements

The State Bureau of Identification (SBI) processes requests for mandatory expungement.

This type of relief allows for the expungement of misdemeanor violation information in one of the following three situations:

  1. An arrest or charge was made, and the case was terminated in the defendant’s favor, meaning:
    • The defendant was acquitted
    • The State decided not to prosecute
    • The defendant successfully completed probationary terms
    • Or the charges were dismissed
  2. The defendant was convicted of 1 or more violations
    • It has been 3 years since the conviction
    • And they do not have any prior or subsequent convictions
  3. The defendant was convicted of 1 or more misdemeanors or violations
    • It’s been 5 years since the conviction
    • And they do not have any prior or subsequent convictions

How to Petition for Discretionary Expungement

If you’re not eligible for a mandatory expungement, you can submit a petition to a Superior or Family Court to seek a discretionary expungement. The Attorney General’s Office will review your request and may send a response as to whether it will contest it or not.

Before granting a discretionary expungement, the court will review your case to determine whether or not your criminal record causes manifest injustice, meaning it causes you hardship. In some cases, the court may hold a hearing before granting or denying a petition for discretionary expungement.

A petition for discretionary expungement may be filed in the following situations:

  1. It has been 3 years since the defendant was convicted or finished their term of incarceration
    • They have no prior or subsequent convictions; and
    • They were convicted of 1 or more misdemeanors
  2. It’s been 7 years since the defendant was convicted or completed their sentence
    • They have no prior or subsequent convictions
    • And they were convicted of 1 or more misdemeanors on the “exclusions” list
  3. It’s been 7 years since the conviction or release from incarceration
    • The defendant does not have any previous or subsequent convictions
    • And they were convicted of a single felony offense (with some exceptions)

Contact Our Delaware Expungement Lawyers in Delaware Today

If you’re seeking to have your criminal record cleared, our Delaware expungement lawyers are here to help. You may be wondering how to get your record expunged in the state of Delaware, and our experienced expungement attorneys can help. Some exceptions exist for this type of relief, so we’ll review your situation to determine which kind of expungement you may qualify for. When you hire us, we’ll help you navigate the process from beginning to end.

Contact Abram, Gulab & Hutchison today to get started with our Delaware expungement attorneys.