Delaware actually is among the least progressive of all states, when it comes to closing past arrest records. We’ll talk about three issues in closing the records of a felony conviction, walk you through the common forms, and finally some steps for you to make sure the process is properly communicated to the right places.
 

• What Options To Clean A Felony Record?

 
Judicial sealing is treated the same as expungement of adult felony convictions in Delaware. There’s no general rule for expungement of your conviction, until you reach age 80 (automatically granted) or when you reach age 75 with no criminal activity listed on your record in the past 40 years. You can find that section of the law at: http://delcode.delaware.gov/title11/c085/sc01/index.shtml.
 
Expungement of criminal records can otherwise happen before you turn 75 only if the case ended either in your acquittal or other decision in your favor. Del. Code Ann. tit. 11, §§ 4371-4375. If you do get an expungement, that shuts the file except for (a) disclosure to law-enforcement officers in investigating criminal activity or (b) if you file an employment application to work for a law-enforcement agency. Expungement makes it illegal (in most cases) to access your expunged court or police record, or to tell another person unless there’s an order from the Court that had ordered the expungement.
 

• Pardons & Commutations

 
There’s a better chance for you to get a pardon in Delaware since you indicated you were convicted. The Board of Pardons will ask for a full report in your case, including facts about your rehabilitation from the Board of Parole http://pardons.delaware.gov/. You’ll submit a list of reasons for getting a pardon: this will probably include facts regarding the sort and year of the crime, your proven rehab (such as important contributions to your community), your regret and remorse, any employment-related need for a pardon, (hopefully) some official support, and the feelings of the victim(s). In two recent years, the Board heard around 300 applications for pardon, and recommended almost 275.
 
As part of the requirements for filing a petition for pardon and commutation, the Board of Pardons requires you to tell (a) the judge who handed out your sentence, (b) the State Attorney General, (c) the chief of Police where the crime happened, and finally (d) the Superintendent of the Delaware State Police. The Delaware Attorney General's office will tell the victim and/or victim’s family if you applied for either a pardon or commutation. Some crimes will require you to take a mental exam to show your likelihood of repeating the crime… http://pardons.delaware.gov/information/mental_health.shtml.
 
The Attorney General will represent victims of your felony at the hearing. Anyone with an interest in the case will usually be allowed to speak. The final decision (settled by majority vote) is recorded, then filed with the Delaware Secretary of State, who will notify the Delaware Governor. Del. Const. art.VII, § 1. The pardons process is so important that it’s spelled out in the State Constitution: http://law.justia.com/constitution/delaware/.
 
Commutations follow the same general process as pardons, but they are tougher to get and require the Governor’s approval. The increases in applications for expungement and pardons followed 9/11, so don’t expect the process to get any easier. Sixty percent of applications come from people convicted of misdemeanors, and not felonies. This emphasis on misdemeanors definitely does not mean you can’t get a pardon or commutation…just that you have you work harder to prove your case.