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Expungements & Pardons

Consequences of a Criminal Arrest or Conviction

Many times a person will plead guilty to crimes without thinking about the resulting consequences. In addition, juvenile records do not disappear when a child reaches 18 or 21. Even if you received a favorable determination, the fact that you were arrested creates a juvenile record as well as an adult record, in most states. Prior arrests with no conviction can harm you with job applications, applications for a professional license such as nursing or medicine, college applications, admission into certain graduate programs and applications for credit. Most people who have been found innocent are not aware that they have a criminal record until it is too late. Job rejections such as law enforcement and the military are common consequences of people having criminal records unknown to them. If you have a conviction, it is difficult to move on with your life. However, a past mistake does not have to follow you for the rest of your life.

A pardon in Delaware, New Jersey or Pennsylvania

A pardon in Delaware, New Jersey or Pennsylvania will restore all civil rights to the person being pardoned, such as the right to vote, the right to serve on a jury, and the right to purchase and register a firearm. In Delaware, in most circumstances a criminal conviction will always be on your record, but you can be forgiven with a pardon. The process for obtaining a pardon is complicated. In Delaware, a hearing before the Delaware Board of Pardons leads to a recommendation to the governor. It is up to the governor to grant you a pardon, which he will add to your record. When you are granted a pardon, your criminal conviction cannot be held against you.

An expungement will seal your criminal record from public view

If your charges are expunged, the fact that you were even arrested may be wiped away from your record. Potential employers will not be able to find out that you were ever arrested. You will be able to answer “no” if you are asked if you were ever arrested for a crime. In Delaware, only arrest records for cases that resulted in dismissal or something other than a guilty verdict can be expunged. If you are convicted of a crime, and you get a pardon, it is now possible to get your record expunged.

Clear your criminal record now

The General Assembly finds that arrest records can be a hindrance to an innocent citizen’s ability to obtain employment, receive an education or get credit. The Expungement and Pardons Law in Delaware is constantly changing and it is necessary to hire an attorney with knowledge of these ever changing rules. Call for a free initial consultation at (302) 377-4471.

I am proud to assist people with eliminating the bias that comes from a prior arrest or conviction. An individual who has already paid for past crimes should not be subject to bias afterward. Sometimes an individual is wrongly convicted or arrested for a crime and it is doubly wrong that that person be subjected to unfair bias. The Law Office of Richard Zemble is determined to help individuals who have been arrested or convicted of criminal charges erase or ameliorate their criminal records and avoid public bias as they go on with their lives.

In Delaware, Pennsylvania and New Jersey, you may be able to have your arrest record expunged if you meet certain requirements. There are certain factors taken into consideration which vary from state to state, such as the severity of the crime, the type of crime, the disposition of the case, the length of time since dismissal of the case (5 years in Delaware) and other factors. Click here to read selections from the Delaware Code. If you contact me at 302-377-4471, I can help you with the Pennsylvania code and the New Jersey code as well as Delaware law.

In Delaware, a person with a misdemeanor or a violation in Title 4,7,11,16, or 23 of the Delaware code that results in a dismissal or other non-guilty decision and that same person has no other conviction of another criminal offense, that person may submit a request for expungement to the State Bureau of Identification and this expungement would be mandatory unless that person was charged with offenses under 11 Del c §4373c or 10 Del c §1025d. In these exceptions, a discretionary expungement would be decided in Superior Court or Family Court.

Your life can change dramatically after you are arrested. If you get your charges expunged, your life can change again for the better. Not every charge is eligible for expungement, so call me at (302) 377-4471 or email me at rzemble@zemblelaw.com and I will let you know your rights under the law and the best way to proceed in these types of cases.

Under programs such as Probation Before Judgment, Mediation, and Arbitration, a criminal conviction may be stayed pending the offender's completion of certain mandated requirements, community service, or continued good behavior. The Law Office of Richard Zemble can advise you of alternatives to criminal conviction.