How long before I can get my record expunged?

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How long before I can get my record expunged?

How much does it cost; how long does the process usually take? I was charged for shoplifting last year.

Asked on November 19, 2010 under Criminal Law, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You indicate that you were charged with shoplifting but you have not indicated what happened thereafter.  Under 11 Del. C. §4372, there are only three specific circumstances where expungement of a Delaware criminal record can be expunged.

  • The first is when a person is acquitted (found not guilty) of a crime.
  • The second is when a notice of nolle prosequi is entered (the state decides to drop the charges).
  • The third is a dismissal by the Court.

If any of these three circumstances occurs, the person charged is eligible to petition the Superior Court for an expungement. The petition and the proposed order ask the Court to expunge the record. It is up to the Superior Court to review the petition and decide if the expungement shall be granted or not.  If these circumstances as listed above apply to you then I would contact a criminal attorney to help.  It is the arrest and subsequent dismissal, etc., that need to be addressed.  Good luck.


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