BOARD OF PARDONS
Instructions for Filing a Petition (Application) for Pardon
(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 read the Rules of the Board of Pardons since some charges require both a psychiatric and a psychological examination prior to a hearing being scheduled for a hearing. We encourage you to keep a copy or your completed petition for your records. Follow the steps listed below:
FIRST: Obtain a copy of your Criminal History. This can be obtained from the State Bureau of Identification, Division of State Police. Ensure that all criminal convictions (i.e., felonies or misdemeanors for which you paid a fine, served jail time or probation) are included in an application for pardon. The sentencing order would be obtained with the court docket from the appropriate court. If you have adult charges on your record that are “Disposition Unobtainable,” you must ensure that the charges are not convictions and provide documentation of the final disposition.
SECOND: 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.
THIRD: 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.
FIFTH: On the same page as item # 4, 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.).
SIXTH: You must provide a Statement of All Pending Proceedings You must state whether you have any cases pending in State or Federal or local courts 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. The following statement is sufficient: “I have no proceedings pending.” This statement may be on the same sheet as items #4 and #5.
SEVENTH: You may submit letters of character reference from family, friends, employers, etc. This is not a requirement.
EIGHTH: Once you have completed the above steps plus the notification procedure noted below, please photocopy and submit original and 5 copies to this office. You may deliver in person or send 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.
Please send letter notices to the people listed below, giving them the following information: the tentative date, time, and place of the meeting (see meeting dates enclosed for this information). Also provide them with the offense(s) and date(s) of arrest, the reasons why you are applying for a pardon, and your date of birth. You are not required to send them the full application package. These letters or memos must be mailed at least 37 days before the hearing date and must be sent CERTIFIED MAIL. If you do not follow these instructions accurately, you may be required to send the notices a second time!
(1) The Judge who presided at your sentencing hearing(s). 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.
(2) Joseph R. Biden, III, Esq., Attorney General, Department of Justice, Carvel State Building, 820 N. French Street, Wilmington, DE, 19801.
(3) 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 you were arrested by the Delaware State Police only, you can omit this item.
(4) 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 paid Certified Mail Receipts from the Post Office.
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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).
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. You will be notified in writing of your hearing date. Failure to complete the above steps will result in your petition being returned.
