BOARD OF PARDONS
Instructions for Filing a Petition (Application) for Commutation
of Sentence
(You may use paper clips or rubber bands. Please do not staple or bind)*
To prepare your petition (or application – there is no official “application form”), please follow the steps below in the order listed:
FIRST: Obtain a Certified copy of the Court Docket and Sentencing Order for each guilty charge on your record. This can be obtained by contacting the court where you were sentenced. The court will need to know your arrest date in order to locate your docket.
SECOND: Complete the Board of Pardons Cover Sheet and additional continuation sheet(s), if needed. These forms require Adobe Acrobat Reader version 6.01 or higher and can be printed or saved for future reference.
FOURTH: On a separate sheet of paper, please state your Reasons for Applying and why you believe you should be considered for a pardon.
THIRD: On a separate sheet of paper, please state your Reasons for Applying and why you believe you should be considered for a commutation.
FOURTH: On the same page as number 3, write a short History of the Case. You need to explain in detail the history of the offense (i.e., what happened, who was involved, where it happened, etc.).
FIFTH: You must provide a Statement of All Pending Proceedings. You must state whether you have any cases pending, State or Federal, and the nature of the cases pending against you. If such proceedings are pending, state which court is involved and note the status of the proceeding. If no such proceedings are pending, you must so state. If you have nothing pending, the following statement is sufficient: “I have no proceedings pending.” This statement should follow the history of the case, #4.
SIXTH: You may submit letters of character reference from family, friends, present or past employers, instructors, etc. You may also submit copies of any programs or groups you have completed during your incarceration. This is not a requirement.
SEVENTH: Once you have completed items 1-6, please photocopy and submit original and 5 copies to this office. You may have your representative deliver your petition in person or the petition may be sent by first class mail. We suggest that you keep a copy of your petition (application) for your records. Send to Secretary of State’s Office, 401 Federal Street, Suite 3, Dover, DE, 19901. Before mailing the 6 copies to us, please include copies of your notifications described below.
Once you have completed the steps above, please send notices to the people listed below, giving them the following information: the offense(s) and date(s) of arrest, the reasons why you are applying for a commutation, and your date of birth. You may state that your petition will be heard at the earliest date possible as determined by the Board of Pardons. You must send the certificate of service or affidavit of notice/service along with your application. If you do not follow these instructions accurately, you may be required to send the notices a second time!
(1) Commissioner Carl C. Danberg, Department of Correction, Central Administration Building, 245 McKee Road, Dover, DE 19904.
(2) The Judge who presided at your sentencing hearing. If you were sentenced at more than one court, each court must be notified. If the judge is no longer at that court, please address your 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 you were arrested. If you were arrested by more than one police agency, you must notify each. If the Delaware State Police arrested you, you can omit this item.
(5) Colonel Thomas MacLeish, Superintendent, Department of Public Safety, Division of State Police, P.O. Box 430, Dover, DE, 19903.
Please include copies of each letter/notice above with your petition (or application) together with the certificate of service or affidavit of notice/service.
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*REMEMBER: You may use paper clips or rubber bands. Please do not staple or bind. You do need to collate your petition into six separate copies (original and 5). Failure to complete the above steps will result in your petition being returned.
If you have questions, please read this entire sheet before you contact: Judy Smith in the Secretary of State’s office at 302-739-4111.
