§ 4375 — Discretionary expungement following a pardon

(a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the procedures under § 4374(c) through (h) and (j) of this title.

(b)Exclusions. —

Convictions of the following crimes are not eligible for expungement after a pardon under this section:

(1) Manslaughter, under § 632 of this title.

(2) Murder in the second degree, under § 635 of this title.

(3) Murder in the first degree, under § 636 of this title.

(4) Rape in the second degree, under § 772 of this title.

(5) Rape in the first degree, under § 773 of this title.

(6) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, under § 778(1), (2), or (3) of this title.

Legislative History

76 Del. Laws, c. 392, § 3 ; 70 Del. Laws, c. 186, § 1 ; 77 Del. Laws, c. 156, § 2 ; 78 Del. Laws, c. 256, § 6 ; 82 Del. Laws, c. 83, § 5 ; 83 Del. Laws, c. 263, § 4