Delaware Board of Pardons: How to Get a Pardon for Expungement

When You Need a Pardon

Most Delaware expungement cases don't require a pardon. If your charges were dismissed, if you completed PBJ, or if you have a single eligible misdemeanor or violation, the standard mandatory or discretionary pathway handles it.

A Governor's Pardon becomes necessary when your conviction is ineligible for direct expungement:

• Violent felonies (Class A through E)
• Sex offenses requiring registry enrollment
• Multiple felony convictions across different cases
• Offenses involving victims under 18 (offender was adult)
• Any conviction that falls outside the specific categories covered by 11 Del. C. § 4373 (mandatory) or § 4374 (discretionary)

For these cases, the only path to record relief is first obtaining an unconditional Governor's Pardon, and then filing a separate court petition to expunge the pardoned records under 11 Del. C. § 4375.

What a Pardon Does (and Doesn't Do)

A Governor's Pardon restores civil rights that were lost due to the conviction, including voting rights and, in most cases, state-level firearm possession rights. It's a formal recognition of rehabilitation.

What a pardon does not do: automatically erase the criminal record. The conviction remains visible on background checks until you file a discretionary expungement petition in court after the pardon is granted. The pardon is a prerequisite — it unlocks the door to expungement, but you still have to walk through it.

One important federal limitation: a Delaware Governor's Pardon does not override federal firearm restrictions under 18 U.S.C. § 922(g). If your conviction includes a misdemeanor crime of domestic violence, the federal firearm prohibition persists regardless of the state pardon.

The Application Process

The Delaware Board of Pardons manages the pardon process. Here's what's involved:

1. Obtain your certified criminal history. Pull your SBI report through IdentoGO using Service Code 27S23V ($72). This is the same report used for expungement and provides the official record the Board reviews.

2. Complete the Board's application. The Board of Pardons provides an official checklist and application packet through their portal at pardons.delaware.gov. The application requires detailed personal information, employment history, and a statement explaining the circumstances of the conviction and what's changed since.

3. Gather supporting documentation. Evidence of rehabilitation strengthens the application: stable employment history, community service, education or training completed, letters of support from employers or community members, and documentation of any restitution or financial obligations satisfied.

4. Submit the application. The Board reviews the application and schedules a hearing. Board members evaluate the strength of the rehabilitation evidence against the seriousness of the offense.

5. Governor's decision. The Board makes a recommendation to the Governor. If the Governor grants an unconditional pardon, you receive the formal pardon document.

After the Pardon: Filing for Expungement

With the unconditional pardon in hand, you can now file a discretionary expungement petition under 11 Del. C. § 4375. The filing process follows the same structure as any discretionary petition:

• Choose the correct court (Family Court if all charges originated there, Superior Court otherwise)
• Assemble the petition packet (petition form, proposed order, SBI letter, certified criminal history, and a copy of the pardon)
• Pay the filing fee ($75 for Superior Court, $0 for Family Court)
• Wait for the Attorney General's 120-day review

The "manifest injustice" standard still applies — the pardon is strong evidence in your favor, but the judge retains discretion.

The APEX Program

The state-funded APEX program through the Delaware Department of Labor provides free navigation support for people going through the pardon and expungement process. Enrollment requires being at least three years arrest-free with no open cases. APEX staff can help organize your application materials and guide you through the administrative steps, though they cannot provide legal advice and their communications are not privileged.

For a complete walkthrough of the pardon-to-expungement pathway and the standard filing process, our Delaware Expungement & Record Sealing Guide covers both routes in detail.

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