(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.
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;
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2014–2026 · leading case:
Cornette v. State (Del. Super. Ct. 2024).
Cornette v. State (Del. Super. Ct. 2024).
· cites it 4× “6 (2) On May 21, 2023, Cornette filed an expungement petition for his Assault Second Degree conviction pursuant to 11 Del. C. § 4375. The State did not oppose the Motion.”
Cornette v. State (Del. 2026).
· cites it 4× “This appeal requires us to determine whether a pardoned conviction is eligible for discretionary expungement under 11 Del. C. § 4375 even if the other charges in the case are not eligible to be expunged.”
Scott v. State (Del. Super. Ct. 2016).
· cites it 3× “5, 2014) (citing 11 Del. C. § 4375). 9 11 Del. C. § 4373(a) applies to crimes designated “as a misdemeanor or violation in Title 4, 7, 11, 16, or 24, or a county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any Title 4, 7, 11, 16 or 23…”
Bosick v. State of Delaware. (Del. Super. Ct. 2014).
“Bosick 1 See 11 Del. C. § 4375 (allowing Court to expunge certain pardoned misdemeanor convictions and other violations).”
— 11 Del. C. § 4375(a) — 4 cases
Scott v. State (Del. Super. Ct. 2016).
“5, 2014) (citing 11 Del. C. § 4375). 9 11 Del. C. § 4373(a) applies to crimes designated “as a misdemeanor or violation in Title 4, 7, 11, 16, or 24, or a county or municipal code, ordinance, or regulation which is the same as, or equivalent to, any Title 4, 7, 11, 16 or 23…”
Cornette v. State (Del. 2026).
“This appeal requires us to determine whether a pardoned conviction is eligible for discretionary expungement under 11 Del. C. § 4375 even if the other charges in the case are not eligible to be expunged.”
Cornette v. State (Del. Super. Ct. 2024).
“6 (2) On May 21, 2023, Cornette filed an expungement petition for his Assault Second Degree conviction pursuant to 11 Del. C. § 4375. The State did not oppose the Motion.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.