Del. C. » Title 11 — Criminal Procedure Generally · CHAPTER 43. Sentencing, Probation, Parole and Pardons · Crimes and Criminal Procedure
Delaware Code

11 Del. C. § 4371 (2026)

Statement of policy

✓ current as of May 2026
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The General Assembly finds that a criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect persons from unwarranted damage which may occur when the existence of a criminal history continues indefinitely.

62 Del. Laws, c. 317, §  2;  82 Del. Laws, c. 83, § 1; 
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1968–2026 · leading case: State v. Spence, 367 A.2d 983 (Del. 1976).
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State v. Spence, 367 A.2d 983 (Del. 1976). · cites it 3× “North Carolina and related cases ?* [* Including the questions of the constitutionality of both sentences of § 4209(a) and the separability thereof.] “2. If the answer to question 1 is no, what sentence may be imposed ? “3.”
Fatir v. Thomas, 106 F. Supp. 2d 572 (D. Del. 2000). · cites it 2× “If the answer to question 2 is “life imprisonment without benefit of parole,” what does that sentence mean in light of 11 Del.C. § 4371 et seq.? 3 State v. Spence, 367 A.”
McCoy v. State, 277 A.2d 675 (Del. 1971). “This was a mistake since that date was McCoy’s short-time termination date which came about by reason of 11 Del.C §§ 4371 and 4372 permitting- a reduction in a period of confinement by virtue of good behavior.”
State v. Bender, 283 A.2d 847 (Del. Super. Ct. 1971). “11 Del.C. § 4371 et seq. and § 4346. Compare State v.”
Nardini v. Willin, 245 A.2d 164 (Del. 1968). “By 11 Del.C. § 4371, it is provided that a prisoner “may merit diminution of his confinement by his behavior, fidelity and compliance with the rules.”
Osgood, Qaiymah, & Fritz v. State (Del. 2023). · cites it 3× “20 11 Del. C. § 4371. 6 “protect[s] persons from unwarranted damage which may occur when the existence of a criminal record continues indefinitely.”
Cornette v. State (Del. 2026). “40 11 Del. C. § 4371. 12 Recent amendments to the Act have clarified that Section 4375 was intended to stand as an independent path for expungement.”
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