How long before I can get my record expunged?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 13 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption