(a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the procedures under § 4374(c) through (h) and (j) of this title.
(b) Exclusions. —
Convictions of the following crimes are not eligible for expungement after a pardon under this section:
(1) Manslaughter, under § 632 of this title.
(2) Murder in the second degree, under § 635 of this title.
(3) Murder in the first degree, under § 636 of this title.
(4) Rape in the second degree, under § 772 of this title.
(5) Rape in the first degree, under § 773 of this title.
(6) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, under § 778(1), (2), or (3) of this title.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 43. SENTENCING, PROBATION, PAROLE AND PARDONS
Subchapter VII. Expungement of Criminal Records
§ 4372. Applicability; definitions; effect of expungement.
§ 4373. Mandatory expungement; application through SBI.
§ 4373A. Mandatory expungement; automatic.
§ 4374. Discretionary expungement; application to court.
§ 4375. Discretionary expungement following a pardon.