§ 4371 Statement of policy
§ 4372 Applicability; definitions; effect of expungement
§ 4373 Mandatory expungement; application through SBI
§ 4373A Mandatory expungement; automatic
§ 4374 Discretionary expungement; application to court
§ 4375 Discretionary expungement following a pardon
§ 4376 Disclosure of expunged records
§ 4377 Notification to federal government

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Terms Used In Delaware Code > Title 11 > Chapter 43 > Subchapter VII - Expungement of Criminal Records

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Board of Pardons: means that Board as established by the Constitution and laws. See Delaware Code Title 11 Sec. 4302
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means Superior Court, Family Court, Court of Common Pleas, or Justices of the Peace Courts. See Delaware Code Title 11 Sec. 4302
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Correction. See Delaware Code Title 11 Sec. 4302
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Law: means the laws of this State, including any ordinance of any subdivision or municipality. See Delaware Code Title 11 Sec. 4302
  • Parole: means the release by the Parole Board of an offender from incarceration to the community prior to the expiration of the offender's term, subject to the supervision and guidance of the Department. See Delaware Code Title 11 Sec. 4302
  • Probation: means the sentencing without imprisonment of an offender by judgment of the court following establishment of guilt, subject to the conditions imposed by the court, including the supervision and guidance of the Department's field services. See Delaware Code Title 11 Sec. 4302
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302