Delaware Expungement Attorneys
Helping Clients Start Fresh Through 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 and 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 30 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 and Hutchison today at (302) 273-1442 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:
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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
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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
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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:
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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
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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
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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 and Hutchison today to get started with our Delaware expungement attorneys.
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Fighting for Your Best Interest-
Dismissed Dealing Marijuana, and DUI
Originally charged with drug Dealing Marijuana, and DUI. Was able to get the drug dealing charges reduced at preliminary hearing, then trial followed. At trial was able to keep out the radar evidence in this case and the state was not able to prove Reasonable Articulable Suspicion for the stop, all charges dismissed.
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Not Guilty DUI
A suppression motion granted for no probable cause, kept out the portable breathe test on foundation.
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Dismissed DUI
DUI attempting to convict Mr. Abram's client for drug use - successfully argued that the state forensic chemist was not qualified to testify to the effects of the substance and the state failed to comply with expert discovery.
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Dismissed DUI
Held a suppression hearing after the client was pulled over for not having his headlights on. Mr. Abram successfully argued that the state did not have probable cause to make an arrest.
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Dismissed DUI
Officer stopped the Defendant for Speeding, was able to show that the Defendant performed well on his field tests and that the officer did not properly administer all of the field tests, no probable cause for arrest, case dismissed.
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Dismissed DUI
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Dismissed DUI
DUI arrest. Was able to successfully argue that after the performance of field tests the officer lacked probable cause to make the arrest for DUI, case dismissed.
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Not Guilty DUI
DUI arrest. Driver was stopped for running a stop sign, it was successfully argued that the state could not prove beyond a reasonable doubt the Defendant was under the influence of alcohol, not guilty DUI.
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Dismissed DUI
Originally convicted of DUI in Justice of the Peace Court, case was appealed to Court of Common pleas and the court found no probable cause for the arrest for DUI, case dismissed.
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Dismissed DUI
DUI case. Case was voluntarily dismissed by the State following a motion filed by the defense challenging the validity of the stop in this case, the Defendant was not required to appear for trial.