Attorneys for three men seeking to expunge their Delaware criminal records say their applications have been wrongfully denied because of convictions in other states.
The law also allows judges to grant discretionary expungements for many crimes, including felonies, if the applicant meets certain criteria, including a seven-year waiting period for felonies and certain misdemeanors. A person who does not qualify for a mandatory or discretionary expungement can try to obtain a pardon from the governor and, if successful, then seek a discretionary expungement.
“If the legislature wanted to consider out-of-state records, it would have specifically said as much, as it has done in the plethora of criminal statutes, including several remedial statutes,” defense attorneys wrote in an appellate brief. “The whole purpose of this is to give people a second chance, not 49 chances because we have 50 states,” she told the justices.Justice Karen Valihura noted that a person with two misdemeanor convictions in separate cases in Delaware would not be eligible for expungement. Under the appellants’ interpretation of the law, however, a person with one misdemeanor conviction in Delaware and a dozen in other states would be eligible for expungement in Delaware.
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