Mental Health Examinations Required by 11 Delaware Code § 4362
An incarceration for the following offenses or an incarceration for the attempt to commit any of the following offenses requires a mental health examination prior to an appearance before the Board of Pardons (See Rule 9 of the Rules of the Board of Pardons). While every effort has been made to completely and accurately include […]
Procedure for Filing a Pardon Application
A pardon is an act of executive grace that completely eliminates all consequences of a conviction. However, a pardon does not remove the record of conviction. A pardon removes any further punishment and restores civil rights. A pardon does not remove the historical fact of the conviction from the state’s official arrest and conviction records; […]
Getting Started
What are the differences between a pardon, commutation, and an expungement? A pardon is an act of executive grace that completely eliminates all consequences of a conviction. However, a pardon does not remove the record of conviction. A pardon removes any further punishment and restores civil rights. A pardon does not remove the historical fact […]
Frequently Asked Questions
1. What are the differences between a pardon, commutation, and an expungement? A pardon is an act of executive grace that completely eliminates all consequences of a conviction. However, a pardon does not remove the record of conviction. A pardon removes any further punishment and restores civil rights. A pardon does not remove the historical […]
How to Apply for an Expungement
To determine whether you are eligible for an expungement under 11 Del. Code § 4371 – 4375, you must contact the State Bureau of Identification (SBI). If you are eligible, SBI will provide you with a letter with further instructions. If you are not eligible, you will be directed to apply for a pardon. Juvenile […]
Constitutional Authority on Pardons
CONSTITUTION OF 1897 ARTICLE VII PARDONS § 1. Power of Governor; recommendation of Board of Pardons; entry in register and submission to General Assembly. Section 1. The Governor shall have power to remit fines and forfeitures and to grant reprieves, commutations of sentence and pardons, except in cases of impeachment; but no pardon, or reprieve […]
How to Apply for a Commutation
A commutation is a reduction of sentence for a person who is currently incarcerated. A commutation does not eliminate the consequences of a conviction but only reduces the time served or changes the terms of release specified in the initial sentence. To apply for a commutation, follow the instructions given in the Board of Pardons […]
Forms
Pardon Forms: Pardon Application Packet(Contains all of the Pardon forms listed below) A list of the individual forms contained in the pardon application packet: Affidavit of Mailing Application Cover Sheet Biographical Information Checklist Criminal History Review Form Summary of Offense(s) Reasons for Seeking a Pardon Request a Hearing by Telephone due to Hardship Commutation Forms: […]
About the Board of Pardons
The Board of Pardons makes recommendations to the Governor for pardons, reprieves, commutations of sentence, and executive clemency. The Governor shall have power to remit fines and forfeitures and to grant reprieves, commutations of sentence and pardons, except in cases of impeachment, upon the recommendation in writing of a majority of the Board of Pardons […]
