Can my brother's case records be expunged after a not guilty verdict?

Full question:

My brother was charged for selling liquor without license. The court found him not guilty and the case was dismissed. My friend told me to get his case records expunged, is that possible? We live in Delaware.

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: Delaware

Answer:

Yes, your brother may be eligible to have his case records expunged. Since he was charged with selling liquor without a license and the court found him not guilty, he qualifies for mandatory expungement. Under Delaware law, specifically 11 Del. C. § 4373, if a person is charged with a crime that is classified as a misdemeanor or violation, and the case is resolved in their favor, they can request expungement of their records, provided they have no other criminal convictions since that case.

Additionally, 4 Del. C. § 701 states that only licensed individuals can sell alcoholic liquor in Delaware. Your brother's situation fits the criteria for expungement since the case was terminated in his favor.

For more information, you can review the relevant statutes or consult with a legal professional.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Delaware, dismissed charges can remain on your criminal record unless they are expunged. If a case is dismissed and you meet the eligibility criteria for expungement, you can apply to have those records removed. It's important to act promptly, as waiting too long may complicate the process. Always check with a legal professional for specific guidance on your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*