INSTRUCTION SHEET PETITION FOR DESTRUCTION OF INDICIA OF ARREST EXPUNGEMENT OF RECORDS UNDER TITLE 11 DEL. C. §4371 – §4374 NEW CASTLE COUNTY PLEASE REVIEW STATUTE TO BE SURE YOUR CASE QUALIFIES FOR EXPUNGEMENT The petition and all supporting documents must be filed in the County where the case was terminated, disposed of or concluded. New Castle County: (302)255-0825 Kent County: (302)739-3184 Sussex County: (302)856-5742 If petitioner was a minor (under 18 years of age) at the time of the arrest, the petition must be obtained and filed in Family Court in the proper county. If petitioner is an adult arrested under the jurisdiction of Family Court, petition must be filed in county where case was terminated, disposed of or concluded. Should your name have changed from the time of arrest, please list that name and your current name. At the time of filing, the *certified criminal history report and letter (which you have obtained from the State Bureau of Identification (“SBI”), must be attached. The criminal history report cannot be over forty-five (45) days old. If the criminal history report is older than forty-five (45) days, the petition will be rejected. *Information on obtaining a certified copy of your criminal history, is included in this packet I. FILING INSTRUCTIONS: A. No petition will be accepted for filing unless all forms are completed, signed, notarized and stapled in proper order. The “set” of forms include: (1) the Petition (2) order (3) verification (4) affidavit of mailing (only required if processing by mail) (5) SBI Criminal History and SBI letter (no older than 45 days) B. After completing the set and before making copies: (1) have the verification form notarized; (2) have the affidavit of mailing form notarized, if applicable; (3) make four (4) copies of the entire set. C. When all documents are completed and ready for filing you may file either by bringing documents to the Prothonotary’s Office or by mail. The Attorney General must also be served. Addresses for Prothonotary’s Office and Attorney General’s Office are listed on the next page. American LegalNet, Inc. www.FormsWorkFlow.com (1) Filing in the Prothonotary’s Office: Before filing in the Prothonotary you must take the original set and one (1) copy of the set to the Attorney General’s Office in the county in which you are filing. The Attorney General will keep (1) one copy and will stamp the original set as being received on that date. The stamped original set will be returned to you. Bring the stamped original set and (2) two copies of the set to the Prothonotary’s Office for filing. The filing fee is $75.00 and is non-refundable. Please make check payable to State of Delaware. (2) Filing by Mail: ● Mail one (1) copy of the completed set to the Attorney General’s Office. ● Send the original set and (2) copies of the set to the Prothonotary’s Office along with the filing fee of $75.00 which is non-refundable. Please make checks payable to the State of Delaware. NEW CASTLE COUNTY Attorney General’s Office Prothonotary’s Office Department of Justice Office of the Prothonotary 820 French Street New Castle County Courthouse Wilmington, DE 19801 500 North King Street Suite 1500, Lower Level 1 Wilmington, DE 19801 II. COURT PROCEDURES: A. The Prothonotary’s Office will docket and maintain the Petition until the Attorney General sends a response to the Court indicating its position. • If the Attorney General does not oppose the petition, the Prothonotary’s Office will send the petition to the assigned Judge/Commissioner, who will grant or deny the petition. • If the Attorney General opposes the petition, the petitioner will have 20 days to to file a response. After 20 days the Prothonotary’s Office will send the petition (and response, if filed) to the Judge/Commissioner for decision. If the Court deems necessary, a hearing will be scheduled. B. If the petition is granted, the Prothonotary’s Office will send, by regular mail, certified copies of the signed Order to the petitioner or petitioner’s attorney, the Department of Justice, the State Bureau of Identification, and all Courts associated with the arrest. C. The process takes approximately eight (8) to twelve (12) weeks. D. If you have any questions regarding the procedure, please call the Civil Unit of the New Castle County Prothonotary’s Office at: (302) 255-0709. Revised 06/02/09 American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY VERIFICATION _____________________________ Petitioner, vs Civil Action No. _______________________ STATE OF DELAWARE, Respondent. STATE OF ____________: COUNTY OF __________: BE IT REMEMBERED that on this ______ day of __________, 20_ __, personally appeared before me, a Notary Public for the State and County aforesaid, (name) ___________________________. (Petitioner) in the foregoing action, who, being duly sworn by me, did depose and say that he/she is the Petitioner in the foregoing action and the facts recited in the Petition are true and correct to the best of his/her knowledge and belief. ___________________________________ Petitioner SWORN TO AND SUBSCRIBED before me this ________ day of _______________, 20_____ ___________________________________ Notary Public American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY AFFIDAVIT OF MAILING _____________________________ Petitioner, vs STATE OF DELAWARE, Civil Action No. _______________________ Respondent. I, within to the following addresses: Attorney General's Office 102 W. Water Street Dover, DE 19901 , do hereby certify that I have mailed a copy of the document and postage prepaid, by regular mail, this Office of the Prothonotary Kent County Courthouse 38 The Green Dover, DE 19901 day of , 20 . ____________________________________ Affiant SWORN TO AND SUBSCRIBED before me this day of , 20 . ____________________________________ Notary Public American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY _______________________ Petitioner, vs Civil Action No. STATE OF DELAWARE, _________________ (to be supplied by Court) Respondent. PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD Pursuant to 11 Del. C. § 4372,__________________________, hereby petitions this Honorable Court for (Current Name) expungement of their criminal record. In support of this Petition, Petitioner shows that: 1. Full name at time of arrest: ____________________________________________________ 2. Current address: ______________________________________________________________ _______________________________________________________________ 3. Date of Birth: _____________________ 4. Telephone Number:( )________________ 5. On or about (date)____ __________ , Petitioner was arrested by the: (Indicate by "X", the arresting agency). ____ ____ ____ ____ ____ ____ ____ Delaware State Police Troop No.______ ____ Town of Felton Town of Smyrna ____ Town of Camden Town of Clayton ____ Town of Wyoming City of Dover ____ Town of Frederica City of Milford ____ Delaware State University City of Harrington Other (name of arresting agency)_____________________________ List all charges:___________________________________________________________________________ __________________________________________________________________ ____________________ ________________________________________________________________________________________ (Indicate by "X", all courts associated with the arrests). ___ Superior Court ___ Court of Common Pleas ___ ___ ___ ___ Justice of the Peace Courts: No. 8 100 Monrovia Avenue, Smyrna No. 7 480 Bank Lane, Dover No. 6 Cams Fortune Way, Harrington Other_______________________________ American LegalNet, Inc. www.FormsWorkFlow.com 6. The disposition of the charge(s) previously listed is as follows: __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 7. The Petitioner has no prior criminal record. Furthermore, the continued existence and possible dissemination of information relating to the arrest of Petitioner causes, or may cause, circumstances which constitute a manifest injustice to Petitioner. WHEREFORE, Petitioner prays that this Court enter an order directing: A. That all indicia of arrest contained in the police records and the Court records relating to the previously mentioned charges be expunged and removed from the files and placed in the control of the supervisor of the State Bureau of Identification as provided for in 11 Del. C. §4374. B. That certified copies of this Court's Order be delivered to the Petitioner, the Attorney General’s Office, The State Bureau of Identification,)______________________________ and court(s) as indicated. C. That a certified copy of this Court's Order be forwarded to the Prothonotary for the Superior Court of the State of Delaware in and for Kent County. D. That the Department of Justice and the Prothonotary of the Superior Court of the State of Delaware in and for Kent County take appropriate steps to see that all records not destroyed pursuant to this Order be handled in such a manner as to insure that they not be opened to public inspection, or disclosure. E. That it shall not be necessary for (name)__________________________________ to report or acknowledge in any manner whatsoever his/her arrest on the previously mentioned charge(s). Petitioner or Petitioner’s Attorney DATE: ________________________ American LegalNet, Inc. www.FormsWorkFlow.com IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY __________________________________ Petitioner, (Name at arrest) Vs Civil Action No. _______________ STATE OF DELAWARE Respondent. ORDER AND NOW, TO WIT, it appearing that Petitioner, was born on_______________________________, and resides at _____________________________________________________, and has no other criminal record except as set forth herein; and it appearing that Petitioner was arrested on_________________ by________________________on charge(s) of _____________________________________________ _____________________________________________________________________________________ it appearing that the charge(s) (were/were not) transferred to the Superior Court and assigned criminal action numbers__________________________________________ and it appearing that the charge(s) were disposed of as follows: ____________________________________________________________ and it appearing that the Petitioner now seeks to have all indicia of arrest on the aforesaid charge(s) expunged; and it appearing that the Attorney General has been served with the Petition herein, and that the Attorney General has no opposition thereto; IT IS SO ORDERED: 1. That all indicia of arrest contained in the police records and the Court records relating to the abovementioned charge(s) be expunged and removed from the files and placed in the control of the supervisor of the State Bureau of Identification as provided for in 11 Del. C. '4374. 2. That certified copies of this Court's Order be delivered to the Kent County Prothonotary, Petitioner or Petitioner's Attorney, the Delaware Department of Justice, the State Bureau of Identification, and the following courts Justice of Peace Court _____, Court of Common Pleas, and Superior Court. 3. That the Department of Justice and the Prothonotary for the Superior Court of the State of Delaware in and for Kent take appropriate steps to see that all records not destroyed pursuant to this Order be handled in such a manner as to insure that they not be opened to public inspection or disclosure. 4. That it shall not be necessary for (Petitioner's name)___________________________________ to report or acknowledge in any manner whatsoever the arrest(s) on the above-mentioned charge(s). _______________________ DATE __________________________________ JUDGE/COMMISSIONER American LegalNet, Inc. www.FormsWorkFlow.com