Appeals, Expungements, and Pardons: Getting a Fresh Start in Delaware

Facing criminal charges can be a daunting experience. But even after the court process ends, the consequences can last for years. A conviction—or even just an arrest—remains on your record for years, limiting your career opportunities, housing options, professional licensing, and personal reputation. Fortunately, Delaware law provides avenues to move forward with your life. This includes appeals, expungements, and pardons. Each of these legal tools serves its own purpose. Understanding how they work can help you or a loved one build a real second chance.

Appeals: Challenging the court’s decision 

If you’ve been convicted of a crime in Delaware, then you know that the story doesn’t necessarily end with the trial court’s decision. An appeal allows you to challenge legal errors that may have impacted the outcome of your case. Such errors can include improper jury instructions, violations of your constitutional rights, or evidentiary mistakes.

An appeal isn’t about retrying your case or presenting new facts. Instead, it focuses on whether the law was applied correctly. Timing, in these cases, is critical. Strict deadlines apply, and missing them can cost you your right to appeal. An experienced appellate attorney can review the trial record, identify grounds for appeal, and advocate for a reversal, new trial, or reduced sentence.

Expungements: Clearing your record

Most people aren’t aware of this, but even arrests stay on your record. Arrests can therefore be quite damaging. Delaware’s expungement laws allow you to clear certain criminal records, effectively removing them from public view. Eligibility for expungement depends on the nature of the charges against you, the outcome of your case, and your criminal history. For example, cases that were dismissed, resulted in an acquittal, or involved only a minor offense may be eligible for expungement.

An expungement can improve your situation considerably. It will restore your employment prospects, educational opportunities, and your peace of mind. It is not automatic, though. You must file a petition and, in many cases, you will have to persuade the court that the expungement is appropriate. An attorney familiar with Delaware’s expungement process can help you successfully petition the court for an expungement of your record.

Pardons: Forgiveness from the state

In cases where an expungement won’t work (particularly for more serious convictions) a pardon may offer another path forward. A pardon is an official act of forgiveness granted by the Governor of Delaware upon the recommendation of the Board of Pardons. While a pardon will not erase the conviction, it can restore certain civil rights and demonstrate rehabilitation. That could help with employment and licensing.

The process of securing a pardon is generally formal and quite lengthy. It involves submitting an application, gathering supporting evidence (such as letters of recommendation), and sometimes attending a hearing before the Board of Pardons. Your success will depend on demonstrating that you have taken responsibility, remained a law-abiding citizen, and contributed positively to your community since the conviction.

Talk to a Wilmington, Delaware, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of Wilmington residents who are interested in the expungement process or need to appeal a decision. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.