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Department of State : Board of Pardons

Delaware Commutation Petition Instructions

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Follow the steps listed below. Failure to complete ALL of the steps will result in the petition being returned.

Step 1: Request a CERTIFIED copy of the Court Docket and Sentencing Order for the charges for which you are currently incarcerated.
Step 2: Complete the Board of Pardons Cover Sheet to include all guilty charges for that conviction.
Step 3: On a separate sheet of paper, state the Reasons for Applying and why you should be considered for a commutation.
Step 4: On same page as step 4 (if possible), write a History of the Case for all guilty charges, providing details of what happened, who was involved and where it happened, etc.
Step 5: Provide a Statement of All Pending Proceedings. State whether there are any cases pending in State, Federal or local courts and the nature of the cases pending. If such proceedings are pending, state which court is involved and note the status of the proceeding. If no such proceedings are pending, this must be stated in writing. The following statement is sufficient: "I have no proceedings pending." This statement may be on the same sheet as steps #4 and #5.
Step 6: Mail a letter to the individuals numbered below and provide a NOTARIZED AFFIDAVIT OF MAILING. Notify them in this letter that a petition for a commutation is currently being filed with the Secretary of State's Office and that your petition will be heard at the earliest date possible as determined by the Board of Pardons.The letter MUST also include; name, date of birth, the offense(s), date(s) of arrest and the reasons why applying for a pardon.
  1. Commissioner Carl C. Danberg, Department of Correction, Central Administration Building, 245 McKee Road, Dover, DE 19904.
  2. The Judge who presided at the sentencing hearing(s). If sentenced at more than one court, notify each court. If the Judge is no longer at that court, please address the envelope to "Presiding Judge" at that court.
  3. Joseph R. Biden, III, Esq., Attorney General, Department of Justice, Carvel State Building, 820 N. French Street, Wilmington, DE 19801.
  4. The Chief of Police for the city or county where the arrest was made. If arrested by more that one police agency, notify each agency.
  5. Colonel Robert M. Coupe, Superintendent, Department of Public Safety, Division of State Police, P.O. Box 430, Dover, DE, 19903.
Optional Step:  One may submit letters of character references from family, friends, employers, etc. This is not a requirement.
Step 7: Photocopy everything including the copy of the letter sent in Step 6 along with the notarized Affidavit of Mailing. DO NOT staple or bind the papers, this could result in the petition being returned. Make three separate copies (original and two copies) and mail or deliver completed petition to the Secretary of State's Office, 401 Federal Street, Suite 3, Dover, DE 19901.

*NOTE*

Hearings are scheduled on a space available basis. Official notice of the scheduled hearing date will be mailed to the institution three weeks prior to the actual hearing date. If the Board decides to recommend to the Governor that a commutation be granted, the file is then forwarded to the Governor's Office for his decision. Please keep in mind that the commutation process can be lengthy and it may take several months from the time of the hearing for a petitioner to receive a final answer from the Governor's Office.

If you have any questions, contact Chloe Deedon or Judy Smith at 302-739-4111. Phone calls are answered between 2:00-4:00 pm.


Last Updated: Monday, 21-Sep-2009 15:22:29 EDT
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